Legal Question in Landlord & Tenant Law in California

Is deposit due on vacating or end of Notice period

Atty Bennet asked me to resubmit.

I signed a Month to Month rental

requiring tenants and LL to give 60

days notice. The LL was out of town,

so I emailed one roommate that i

was leaving due to 2 other

roommates' rudeness etc and that

they had a duty to mitigate by re-

renting my room in the house.

She asked if I was giving 30/60 day

notice - I said no --to place an ad on

craigslist ASAP.

She gave my email that I'm leaving

effective immediately to the

roommate designated as LL's agent

for collection of rents etc.

I didn't see him when I picked up the

stuff in my room a night or two later,

July 19 or 20. Didn't need a walk-

through, I was there just under 2

months - no damage.

I demanded my security deposit and

they asked me to pay August rent

because they haven't found a

roommate for my room.

When does the clock start ticking for

returning my deposit? 21 days after

I cleared my room, or does it start

after they re-rent ?

Surely it not after the 60 day notice

(I didn't give). That would be Sept 18

if they don't get a roommate before

then! Thanks.


Asked on 8/15/08, 9:59 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Is deposit due on vacating or end of Notice period

21 days after re-renting.You are responsible for rent until there is a new tenant.

I hope this helps.

Good luck!

Read more
Answered on 8/16/08, 9:12 am


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