Legal Question in Landlord & Tenant Law in California
we gave our landlord notice on april 24, 2009 stating that we were going to move out june 15, 2009. she took the rest of junes rent out of our deposit because she couldn't find anyone to pay the mortgage. how is this allowed considering we gave her plenty of notice (45+ days)??? according to california civil code 1946, she shouldn't be able to do that? please help!!
2 Answers from Attorneys
She can't do that. Demand your security deposit back and accounting of the deductions or take her to small claims court
The only way she could do that is if you had a lease that wasn't up by June 15. If you have a lease, you can't get out of the rent just by giving notice. But if you were on month-to-month, or an expired lease, then what she did was illegal and you should take her to small claims court.
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