Legal Question in Landlord & Tenant Law in California
leasing
a friend's lease was up on june 30,2003. the lease was not renewed. they gave a deposit of $1700.00 when they moved in. they did not give a 30-day notice. moved out of the 4plex on 7/8/03. landlord says they owe for the month of july. they told him to keep the $1700.00 but he says they still owe rent. landlord said he was giving them a 3day notice to pay or quit on 7/5/03 but didn't give notice until 7/7/03. do they owe any money for rent or not? landlord stated that he is taking them to court and that he will win the case because landlord's never lose!
2 Answers from Attorneys
Re: leasing
The lease probaly calls for the lease to become a month to month at the end of the lease if the tenant does not move. That means that they would be liable for the rent as of July 1 for the month of July. If the landlord gave a 3-day notice, and the tenants vacated in that 3 day time, the tenancy is over. The tenant would probably be required to pay for the number of days there.
Re: leasing
Leases often provide that they automatically convert to month-to-month tenancy if the tenant holds over past the end of the lease term. Even if the lease does not say that, the law does if the landlord accepts rent. Civil Code sec. 1945. The twist here is that you didn't say the tenant had paid any rent for July.
The landlord's notice to pay or quit ends the tenancy. The tenant owes rent through July 8 when he moved out. The landlord can deduct that from the deposit if it is large enough or sue to recover the rent.
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