Legal Question in Landlord & Tenant Law in California
Given 30 Days Notice, need to prorate last month's rent?
I let a friend move into my extra room in June without a written agreement. I collected $650 1st, $650 last, $200 deposit. Friend became party girl and I gave her 30 day notice on Sept. 30. She left on Oct. 21. Do I need to prorate her last months rent or can I keep it? She also owes 3 months of utilites costing about $400 which if I kept the remaining rent plus her deposit, would cover what she owes in bills.
1 Answer from Attorneys
Re: Given 30 Days Notice, need to prorate last month's rent?
An oral agreement is as binding as a written agreement, just harder to prove, so you had a contract.
You overcharged for the deposit, since you cannot take more than a single month's rent as deposit, but I am not going to tell anyone, so don't worry about it.
You should not prorate the rent, but you are required to re-rent the room ASAP to mitigate "party girl's" damages.
How do you get utilities that high for a single room?
However, you are obligated to give her a written explanation of where the $850 deposit went, including invoices showing unpaid rent and the unpaid utilities, and this must be done within 21 days of vacating.
If you need more help, please feel free to e-mail, or call, my office.
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