Legal Question in Landlord & Tenant Law in California
Charge double rent?
Scenario:
We gave our 60 day notice on an active lease on June 16th (lease term was until March 2008). However, our landlord found a new tenant and he signed a lease to move in on July 14th. So we agreed to vacate early and we even met the new tenant on July 13th and turned the keys over to him.
We had already paid full July rent on July 1st.
Now our landlord refuses to refund the portion of July's rent for when the new tenant's lease had started. Essentially, she owes us for 18 days of July, but refuses to pay. Does she legally owe us this money?
2 Answers from Attorneys
Re: Charge double rent?
Yes, he owes you that money.
Re: Charge double rent?
Absolutely.
You should consider having an attorney write a letter to landlord demanding the money. Also, since the landlord has 21 days to refund your deposit, you should have received that on or about August 3.
Since the landlord wants to play games with your money, you should be aware that the courts can award you $600 extra from the miser's pockets for "bad faith" if the deposit isn't refunded within 21 days.
I have found that landlords take lawyer's letters more seriously than their tenant's letters, but, if you do not wish to retain an attorney, send a certified letter yourself.
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