Legal Question in Landlord & Tenant Law in California
I was renting a studio that was attached to a home in San Jose ca. I signed a contract that it was just a month to month paying 800$ a month with a 500$ deposit. I lost my job 4 months later and I wasn't able to pay the rent anymore. I gave her a 1 week notice before the next rent was due that I was going to move out. Later I contacted the landlord and asked about my deposit and this is what she replied "The lease was broken when you didn't give us a 30 day notice. Technically, we are not required to return the deposit. We know that it was unplanned circumstances that had you move out so we are willing to return a portion of the deposit only if we can find new tenants soon. I hope you understand and I will let you know soon. Thanks!" I was wondering if it's true what she said. That she technically can't give me my deposit back because I didn't give her a 30 day notice ? Because from what I knew the deposit is for any damages in the place. And in the contract it doesn't say I was supposed to give her a 30 day notice. I need help ! I need my deposit money back. Is there anything I can do ?
3 Answers from Attorneys
By law you must provide a 30-day written notice to terminate a month to month tenancy. If you vacate without such notice, you are reponsible for the rent 30 days out from when you gave possession of the property back to the landlord.
The landlord has 21 days from when you gave her possession in which to give you a written breakdown of how she applied the deposit. If she failed to do that she must return the full deposit to you; although you would still owe the relevant rental amount.
I agree with Mr. Rosales. The amount of notice you give is equal to the amount of time between rental payments, in this case 30 days, unless the lease specifies otherwise. The lease did not specify otherwise, so you were required to give 30 days notice of your intent to terminate the tenancy. You are expected to know the law, which is complex, and for this reason people consult with attorneys to learn their rights and responsibilities.
The landlord can apply a portion of the security deposit to unpaid rent, but must account and give you the balance of any remaining portion within 21 days of your move out.
The previous answers are correct. I write just to correct your misunderstanding about what deposits are for. They are for ANY breach of your tenant obligations. Failure to repair damage is the most common, but not the only breach that deposits can be applied to. Unpaid rent is a breach of your obligations as well ant the deposit absolutely can be applied against that.
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