Legal Question in Landlord & Tenant Law in California

I rented a place and lived there for 3 and 1/2 months the landlord told me that she would be making a new contract each month I would pay the rent so that if we are not comfortable or if she isn't that we wouldn't have to wait a long time to leave the place. She only made the contract for the first month that we stayed there and I paid her the first month in advance and $500 for deposit. When I went to pay the second month's rent and the third she didn't make a contract she would only say I'll give it to you later and later and so she never did afterward. On the third month we couldn't come up with her whole rent and paid half of the rent and we stayed half of the month because that's what we paid for because we couldn't come up with the rest. Now that I called her to talk about the deposit she says that she will only give me half because she was counting on that money (the other half of the rent) and that on the contract it said that we should let her know a month before we leave the place. I'm not sure about that b/c I'm still looking for the contract but I don't recall such thing and besides that contract was for the first month only. This is 2 1/2 months later is it still valid? And we didn't do any damage to the place what so ever so I thought that we should be getting the full deposit back. Who's right? What can I do if I'm right?


Asked on 8/05/10, 7:58 pm

1 Answer from Attorneys

Your question is a bit confusing, in part it seems because you are confused by the landlord's conduct, and so I am not clear about all these references to multiple contracts. Normally you just sign one contract, for a long term, called a lease, or for month-to-month, called a rental agreement. If you never had a contract for a longer term, however, the law makes your term of your teanacy the same as how often you pay rent. So unless you have a different contract, your term is month to month. A month-to-month tenancy can be terminated by either party by giving 30-days notice. Since you did not give thirty days notice you are liable for a full month's rent. If you do not pay it, the landlord has the right to take it out of your deposit.

Read more
Answered on 8/11/10, 3:22 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California