Legal Question in Landlord & Tenant Law in California
Do we forfeiting our Secutiy Deposit if we are served a ''Notice of Termination
At the end of our yearly rental agreement the Owner choose not to renew our lease, she wanted to leave her options open. She is planning on selling the home she is in now and moving into the residence we are renting. One day later we recvd a notice to vacate in sixty (60) days. The owner/landlord is stating that we will lose our Security Deposit for painting residence, etc becasue we did not stay in the residence for two years. Also, we had an opportunity to move into a place sooner than the sixy days were up, she asked for a 30 day notice. we gave notice and asked if we could extend on a weekly bases if what we were looking to rent fell through. THey said Not likely! Does she have a right to keep our Security Deposit if we were willing and have in writng to sign another year lease with her? And can we move at anytime during the sixty days without giving notice? ANd if notice was given do we have the right to extend our time up to the sixty days notice date to move?
1 Answer from Attorneys
Re: Do we forfeiting our Secutiy Deposit if we are served a ''Notice of Terminat
The landlord can only keep the security deposit to pay for unpaid rent and for damage to the unit. She can deduct the cost of painting if you have excessive wear or damage for the time you were there.
You have a right to an inspection before you move so you can find out what you need to do to correct any problems. You may just need to repair nail holes and touch up the paint.
Once you give a 30-day notice, the landlord can evict you at the end of that time. You can only extend the date with the landlord's consent.
When you move out, hand in the keys and leave an address for the landlord to send your security refund.
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