Legal Question in Landlord & Tenant Law in California

I recently moved out an apartment. I was expecting to get a deposit back but instead they sent me a bill. They said that I did not give them 30 days notice and because of this my deposit was fordeited. They also charged me for painting and cleaning. I gave the 30 day notice to the apartment manager. I do not think he gave it to the agency as they also said there was no forwarding address and that address was on the 30 day notice.

Another note. When I moved in the apartment manager never picked up a signed lease. Seeing as I never signed a lease they cannot charge me for the apartment can they? I also wrote them a letter during our stay asking them for a refund on part of my rent as they violated the lease by entering the apartment to do construction work without giving the two day notice that it says they need to give. They never responded to that letter at all. Since they violated the lease does that make it void?

Any informaiton would be helpful.


Asked on 8/20/11, 10:55 am

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

A lease does not have to be in writing. Would you think it fair if while you were renting the apartment the manager came and demanded that you leave immediately because you had not signed the lease. Clearly not! The advanced notice requirement that I recall is 24 hours and not 48 hours; even if they violated the notice requirement, you would have to sue for your damages and not be able to just offset it against the rent.

Notice of termination the rental period is supposed to be in writing, but the judge would probably allow you to get away with that. The apartment manager is the agent of the owner and unless it was clear that he did not have authority to accept papers on behalf of the owner, your giving him notice is acceptable. Failure to give notice does not legally support the withholding of the security deposit as damages must be shown. I would recommend you wait until 21 days after the day you gave up possession by turning in the keys to see if management sends to you the required explanation of money withheld, and if they give the wrong reason for withholding they forfeit that money.

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Answered on 8/20/11, 1:09 pm


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