Legal Question in Landlord & Tenant Law in California
Lease Agreement
California resident with a 6
month lease agreement. It was a
typed lease agreement with the
lessor stating that I would rent for 6
months and then my security
deposit would be returned. My lease
started on Jan 8, 2007 and rent was
pro rated for January. I assume my
six months are over on June 30,
2007 and now the lessor is asking
for 30 days written notice. I spoke
with him on the 15th of this month
and informed him that I did not want
to renew my lease or enter into a
month to month agreement. There
is no language in my copy of the
typed document which states I need
to give notice prior to the end of my
lease. I am planning to move out on
June 30th. Was I suppose to remind
them that my lease was over and
provide the lessor with notice? I
have already been informed that due
to the lessors financial issues I may
have trouble getting back my
security deposit. Should I stay an
additional month and allow them to
use my security deposit for rent?
More importantly I need to know if I
had to provide them with written
notice. Do I need to give
notice?
2 Answers from Attorneys
Re: Lease Agreement
I have numerous answers for you, but am busy with clients at the moment. I'll get back to you late in the morning
Re: Lease Agreement
(1) A lease is a lease, whether typed, oral, or on a pre-printed form.
(2) If it expires, like yours, it automatically becomes month-to-month, unless a new lease is negotiated.
(3) Your lease would have expired on July 8, unless it contained language to the contrary. You also must give the landlord 30 days WRITTEN notice.
(4) It would be unusual that your lease did not require 30 day written notice, by either party, because that is the current law.
(5)The financial difficulties of landlord have nothing to do with refunding a security deposit.
(6) You are entitled to a full refund of security deposit with only three exceptions:(a) can be used for unpaid rent ;(b) repair damages done by tenant that are beyond ordinary wear and tear; (c) cleaning, but only to the extent that the house or apartment was not as clean as when tenant moved in. (A "walk-through" inspection by the landlord and tenant should be done approximately approximately two weeks before vacating, and discuss potential cleaning, damages, etc).
(7) Landlord has 21 days after move-out to refund deposit, minus above charges. He is supposed to also give you detailed explanation of deductions. If he doesn't return deposit within 21 days, the law imposes a "bad faith" penalty of $600 to be paid to tenant. Judges enforce that, when they feel the landlord has not acted promptly and properly in refunding the deposit.
(8)Not only would I provide written notice, but if you legitimately feel the landlord will have difficulty refunding the deposit, you might want to stay the additional month.
(9) You may wish to retain an attorney to write a letter to landlord, spelling out your concerns regarding this rental. Despite landlord's financial difficulties, his property would secure your collection of a court order.
Please feel free to e-mail or call me, if you need additional help.
Good luck!
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