Legal Question in Civil Litigation in California
I sale my house and have my tenant a note on June 11-st to leave out before August 1-st. I collected his last payment(he payed me month to month),he decided to move one week early on July 23-d,he did. Should I give him back $200?
4 Answers from Attorneys
I assume that the $200 is for the last week's rental. If you agreed to a week-to-week rental, then you would need to give him a refund of the prepaid rent. Your month-to-month rental, though, entitles you to keep the full month's rent, unless you reach another agreement with the tenant. On caveat, though: Don't rent out the house to someone else, during that last week. Your tenant paid for it. Thus, your tenant is entitled to be there.
It would be a nice gesture for you to give them the rent back for that week, but unless they told you 30-days before he moved out that he was moving out earlier than you asked for, you do not legally owe him the money.
Is Mr. McCormick inferring that, if you do not refund money to which you are legally entitled, you are not making a "nice gesture"? If so, I disagree with his view of justice. Landlords are held to strict standards. I do not see it as being "not nice" for a landlord to expect that his or her right should be protected.