Legal Question in Landlord & Tenant Law in California

Insufficient 30 day notice

Can a landlord charge an insufficient (30 day) notice fee, when landlord rents apt immediately and is out $0.?

It is my understanding that a landlord can only charge for damages and lost rent as a result of breaking a lease. I paid for April rent (april 1-30), got new job in new city and had to break lease. I gave notice on april 10, moved out april 15, Apt found a replacement tenant who moved in april 30. They are not out any lost rent monies, but want to charge $1000 insufficient notice fee. Is this legal?


Asked on 5/05/07, 10:00 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Insufficient 30 day notice

No such notice fee exists. Landlord can keep April rent and 1/3 of May rent (April 10 to May 10), and can use deposit only for unpaid rent (33% of May) and any damages caused by you or your invitees, but not for ordinary wear and tear. Landlord could also charge you for costs of advertising for a new tenant. You may call or e-mail, if you need more help.

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Answered on 5/07/07, 2:15 pm


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