Legal Question in Landlord & Tenant Law in California
My roommate and I were already charged for "last month" during our move-in on a 1-year lease that expired in Dec 2012, was renewed for another year, and has been month-to-month since Dec 2013. Upon move-in, our landlord collected $1,700 for our "last month", in addition to a security deposit of $2k, and $1,700 for the first month.
We will be giving 30 days' notice that we're ending our tenancy, with our final day being Sep 15. Does our move-in payment for "last month" mean we do not owe anything for the final 30 days (the lease did not label it a security deposit)? If so, we've double-paid for 17 days ($1,700 for Aug 1-31, $1,700 for Aug 15-Sep 15�an overlap of 17 days). Will we be owed a prorated refund of about $932 for those 17 days?
Also, if we're mailing the 30 day notice, do we need to include extra days (e.g., 35 instead of 30)? Thanks!
1 Answer from Attorneys
Your lease term does not make sense. It was either renewed for another year, or it is a month to month. It cannot be both a month to month and a fixed term tenancy.
Read your lease carefully and make sure you comply with the lease terms regarding ending the tenancy. If there are no provisions about notice, you need to give 30 days notice, and I suggest you consult with an attorney in person to make sure you do it right.
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