Legal Question in Landlord & Tenant Law in California
I forgot to give the landlord 30 days moving out notice and moved out 1 day before the year to year contract ended. Now the landlord charged me twice the normal monthly rent for this. I argued with him and decided only to pay the normal month fee at most. The penalty was decided by the landlord not on the contract. And I also have a security deposit amounts to a normal monthly rent there. Does he have the right to sue me if I denied to pay the money he wants? What could I do if I don't want to hurt my personal credit?
2 Answers from Attorneys
Your contract was for one year. You moved out on time. There should bit be any penalty. Do not pay any penalty. If you do not receive your security deposit back, minus reasonable and confirmed costs for necessary repairs or clean up, you should take him to the small claims court for a refund.
Take care.
Armen may or may not be right. Many one-year residential leases provide that if neither party gives notice that the tenancy will end at the end of the lease term, the rental converts to a month-to-month tenancy on the same terms, or sometimes (rarely) they say that if neither party gives notice the tenancy will end at the end of the lease, it automatically renews for the full term. If your lease had a month-to-month roll over provision, you owe rent for 30 days from the date the landlord knew you were moving out. If it has an automatic renewal for a year, you have a complex situation and need to talk to a lawyer directly. If it has no such provision, then Armen is right - you owe nothing - and you can sue the landlord in small claims court if he does not return your deposit less any damage charges.
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