Legal Question in Landlord & Tenant Law in California

I rented a house in san diego on a month to month basis. We had no lease. the owner asked me to leave in 30 days I did not pay the last month's rent. Can he sue me for late charges, the last month's rent, and any prior rent he feels I owe? did I have a conract to pay him at his rate if there was no lease?


Asked on 3/21/12, 10:48 am

1 Answer from Attorneys

Brian Rosales Harris, Rosales & harris

Since you were on an oral month to month he probably cannot seek late fees since the right to late fees are estaclished by specific provision in a written contract. He can seek the last months rent if you did not pay it. You owe rent until the end of your tenancy, which was through the end of the thirty day notice. He can also seek any additional back rent if you owe it. Moving out does not relieve you of your obligation to pay the prior rent owed. The rental rate is whatever you had agreed to pay. He cannot charge whatever he wants regarding the rent owed.

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Answered on 3/21/12, 12:18 pm


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