Legal Question in Landlord & Tenant Law in California
Landlord Gave notice to quit wants money for more than 30 dys
Landlord sent notice to quit dated Mar.5, 2004. Rental payment is month to month. Notice states ''please vacate the premises no later than April 15, 2004.'' Landlord states that she wants payment up until that date even though I am vacating on the first. My question is since our rental agreement is based on month to month and she gave me notice on the 5th of March do I have to pay past the 5th of April. She has my deposit and says she will be keeping that for the rent up until the 15th of April. It is an amount of 200 dollars. My prorated rent until the 5th of April would be 67 dollars.
Thank You,
2 Answers from Attorneys
Re: Landlord Gave notice to quit wants money for more than 30 dys
Yes, the landlord's notice is not effective until the date it says. You owe rent until then. You should have given your own 30-day notice saying when you want to move out.
Re: Landlord Gave notice to quit wants money for more than 30 dys
I would respectfully disagree with Mr. Snitow... if the notice terminating tenancy doesn't state a firm move-out date but only an outer limit on the move-out date, you are free to move out at an earlier time (you indicated that it said "please move out no later than April 15th") and the tenancy is terminated as of that move-out date. If your landlord feels that she is entitled to rent for the remaining time, she would have to obtain a breach of contract judgment for her benefit of the bargain.
Since your landlord has your deposit, however, and refuses to return it, you would have to file a small claims case to recover the money to which you feel you are entitled. Since it's only $67, it probably isn't worth your time.
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