Legal Question in Landlord & Tenant Law in California
California - Tenant Rental Deposit
I was out of town and mailed in my rent check plus the letter of intent to vacate the apartment through certified mail to my complex manager. He never went to the post office to pick it up. I tried to contact him twice to an email address he actively uses, and never received any replies. I sent him the rent check and the letter again after 12 days, and he sent me an email today and said that he never received anything, even though I have all proofs of my mailing. Now he says I have to pay late fee and that I have to stay for another month because of the 30-day-advance-notice does not apply if he doesn't receive it. My question is: will I lose my deposit just because he didn't receive anything, even if I have proofs of mailing? Can I sue him at the small claim court if he refuses to give me back the deposit?
3 Answers from Attorneys
Re: California - Tenant Rental Deposit
I agree with Mr. Cohen.
You should not lose your deposit, and I would sue in small claims court.
Re: California - Tenant Rental Deposit
I agree with Mr. Cohen.
You should not lose your deposit, and I would sue in small claims court.
Re: California - Tenant Rental Deposit
Read your lease. See what it says about the method of giving 30 days' notice. If it's silent, then first class mail would be reasonable, as would certified mail. I would argue that service of the notice occurs when it is placed with the U.S. Postal Service, unless the rental agreement specifies another method of notice.
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