Legal Question in Landlord & Tenant Law in California

California lease and security deposit

My one year lease states that either the tenant or the landlord must give 30 days written notice before the tenant moves out. My landlord orally informed me that, due to family affairs, I should move by the end of October, but never gave me written notice. I am renting a room in a house and am concerned that if I complete my move I will not get my security deposit back, since there is no written evidence that my landlord requested that I move. I fear she will keep the security deposit in whole for failure to give 30 days written notice.

Please help. What should I do?


Asked on 10/20/05, 11:28 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: California lease and security deposit

under the circumstances, you may want to approach your landlord and negotiate your deposit being returned prior to your actual move out date, in exchange for your cooperation in moving out upon her oral request rather than thru the proper written notice requirement in the lease. if she is unwilling to provide you with this type of accomodation, or you simply do not want to relocate as quickly as she wants you to per se, you are well within your rights to remain a tenant until the proper 30 day notice is given to you in writing pursuant to the lease terms. in essence, she CANNOT simply "throw you out" based on an oral notice. she must abide by the contract just like you do before any of her landlord rights can be exercised here. if you would like further assistance or direction in this matter, contact us today.

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Answered on 10/20/05, 12:06 pm


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