Legal Question in Landlord & Tenant Law in California

I moved into my house and paid first and last months rent and no deposit. i lost my unemployment so on the first i called the landlord and said i have $650 of the 1100 i owe you. Would you like to take that and work with me and give me a few weeks to come up with the rest or i understand if you dont and just give my 30 day notice. He said he would work with me and took the money but the next day came by and said he changed his mind and gave me a 30 day notice dated the 8th. my question is does he have to give my 650 back he says he is gonna keep it and would like for me to be out on the 30th after doing a walk thru and deciding if there will be cleaning fees he will give it back. I think if he keeps it then he is accepting it as rent even if it is only part and i would stay the prorated amount of time which i paid and he says no i signed the 30 day notice so i have to be out according to that


Asked on 11/10/10, 2:34 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You had a contractual agreement with him that in return for $650 he would work with you as to the rest of the rent due. He breached the agreement so owes you the $650 back. He must give you thilrty days notice,and he has not, so he has to do that again in writing. You would have 30 days starting from the day after he gives you the notice. That you signed it does not matter as you clearly were not aware that he was asking you to waive your legal rights. If the amount you gave him was for last months rent as opposed to a security deposit, it can not be used for any damages you caused the property, only for any unpaid rent. If, as normally done, it was a secuirty deposit, within 21 days after you leave the unit he must tell you in detail what money he has deducted for clean up and return the rest to you.

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Answered on 11/16/10, 12:19 am


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