Legal Question in Landlord & Tenant Law in California

Partial Lease issues (in-out privilge?)

Initially signed a 9 month lease 11/02, but this was then ''prorated'' for one day 11-1-02, therefore it turned into a 9 month lease starting 12/02 ending 8/03. Looking to stay only until 7/03, I have been forced to cover the rest of the lease this month 8/03. Since I am still local I had been living at the rented unit until 8/7 when I was informed that a new tenant had been found. I moved out and have been informed 8/12 that the new tenant has changed their mind after cleaning, deposit and all my utilities have been subtracted, returned and discontinued. The prorated portion of 8/03 rent had not been returned, although the time between 8/7-8/12 will be subtracted. I am now asking to move back, but the landlord has stated that they are not required to let me move back in even though I am still paying rent because I have returned the keys and am not a tenant.

Questions are:

1). Is the prorated month legal? It is written in the lease, but I thought it was only a nine month lease and had calculated myself to 7/03, not 8/03.

2). Can the landlord not allow me to move back in, even though I have paid for 8/03?

Thanks.


Asked on 8/13/03, 2:20 pm

2 Answers from Attorneys
Dieter Zacher Law Offices of Dieter Zacher

Re: Partial Lease issues (in-out privilge?)

First of all, your calculations and timeline are unclear. Pro-rating is a common and legal way to provide for the payment of rent. Since you technically are no longer a tenant (i.e. you moved and security deposits were returned) you have no right to the property. If he doesn't want you to return, then, sorry, you're out of luck and must find another residence. Good luck and thanks for inquiring.

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Answered on 8/13/03, 3:55 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Partial Lease issues (in-out privilge?)

I am not sure what you mean by "pro-rated."

If you signed a lease for 9 months, it starts on the first day that it is signed (or the date it should go into effect) and ends at the end of 9 months. If you signed on Nov. 2, the last day that you would be required to live in the property would be August 2. You would pay 9 rental payments: Nov., Dec., Jan., Feb, Mar, Apr., May, June, July 2nd, move out Aug. 2nd.

If your lease states a partial month of November, and 9 months beginning 12/1, then you would be liable through the end of Aug. I would need to see your lease agreement to interpret.

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Answered on 8/13/03, 2:33 pm


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