Legal Question in Landlord & Tenant Law in California

I am a residential rental tenant in Los Angeles for five years without any lease agreement . Each year notice is given of any rent increase due . When asked for a lease I was told it was verbal , not so . Can I terminate my rental out of "sync" with what the landlord believes to be an "agreement" , they have first and last and one months deposit a total of nearly $7500 and how can I get back monies due .


Asked on 9/09/10, 9:04 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I am not sure I understand the question you posed, but if you have a verbal lease agreement, then it is almost certainly a month-to-month agreement (given the length of time you have lived there). As such, you can terminate your agreement by giving the landlord 30 days notice of your intention to terminate your tenancy in writing. Sometime just about two weeks before you are going to move out, make sure that you have repaired any damange to the property which exceeds "normal wear & tear," and clean the apartment so that it is as clean, if not cleaner than when you moved in. You want the property to be as close to the condition you are going to leave it in as possible. Once it's ready, and again right around that two weeks prior to move out, demand in writing a pre-move-out inspection of the property pursuant to California Civil Code �1950.5(f)(1). At that inspection, the landlord must review the property to identify anything he or she intends to deduct from your deposit as being deficient (repairs, cleaning, etc...). That gives you the opportunity then to repair any damage that the landlord intends to deduct from your deposit before you actually move out. Though the code section is not clear, the intent is to limit what the landlord can deduct from your deposit to whatever they identify during this inspection. They can also deduct for any damage incurred after that inspection and before move-out, so take pictures at the inspection, as well as upon move-out.

Finally, after move-out, the landlord must within 21 days of your surrendering possession (the day you turn the keys over and have moved everything out) either refund your deposit, or provide you with an itemized statement of deductions from your deposit. Give the landlord a forwarding address when you move so they know where to send it.

I apologize if this answer is a little off-subject, but I wasn't clear what you are asking here. Unless you have a lease for a term more than month-to-month, you can terminate on 30 days written notice to the landlord. Good luck.

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Answered on 9/14/10, 11:05 am


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