Legal Question in Landlord & Tenant Law in California

Our land lord is asking us to move out

almost a week before our lease expires,

without prorating rent, in order to get

it ready for the next tenant. She has

said that to get cleaning done etc in a

'rush" we could incur "rush rate fees"

for cleaning and any possible repair.

It is obvious she just wants to get new

people here quick so she can keep

making money. We were going to depart

early but we would have to prorate our

tenants rent at the old place and we

wouldn't get prorated here, so we'd b

out alot of money. It almost seems

like extortion and the land lady has

made nebulous threats in her email

responses she has given to my fiance.

She has done similar things to previous

tenants. Is what she is doing legal,

and if not what can we really do? She

received a security deposit of over

$2,000 and other than getting the

carpets cleaned (they are very cheap

and old) we didn't do any damage. I am

also in the navy but have not yet

talked to navy legal.


Asked on 8/08/11, 4:50 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

In California, you are entitled to at least 30 days notice to vacate, and 60 days if you've been there for over 12 months. If your lease has not expired, you cannot be forced to move at all. Once the lease expires and your tenancy reverts to a month-to-month term, only then can the LL give notice to quit. Find an attorney in your area and consult. Good luck.

Read more
Answered on 8/08/11, 8:15 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California