Legal Question in Landlord & Tenant Law in California

I have given my 30 days notice in writing with the date to move out. If I need more time and have to go past the 30 days, is the landlord required by law to accept my payment and allow me to stay? In my situation, I have asked for 3 more days and have offered 3/30th of my usual rent. The landlord thinks that I am responsible for "damages" because he has already received a deposit on my home. What can I do?


Asked on 1/29/11, 3:41 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Your landlord is correct and actually sound as though he may be very reasonable. You promised in writing to be out of the place on a certain day. If you can change the date without hs approval then what good was giving that date. The landlord apparently found someone to move in right after that date. Ther may have been others that he turned down. Now when the prospective tenant is told they have to wait three days, which means they can not leave on time from the place they were renting before so the people who might be moving in to their place might have to wait three more days, etc. The new tenant might simply tell your landlord that they will not rent your former place so the landlord now loses rent until he can find someone to replace the person you caused to cancel.

You can find someway to leave on time, speak to the new teant and offer something so that they will not cancel, etc.

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Answered on 1/29/11, 5:23 pm


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