Legal Question in Landlord & Tenant Law in California

Re: Security Deposit - Notice to vacate

You seem to be getting some mixed information from the landlord. First, because you have lived in the property for more than 1 year, and I am assuming you do not have a term lease (one which gives you more than a month-to-month lease arrangement), the landlord is required by law to give you a 60 day notice. The interesting twist is that the new owner apparently believes that since you have not leased from them for more than a year, they only have to give you thirty-days notice. They are wrong. The ownership is irrelevant when it comes to a notice to terminate tenancy UNLESS the change of ownership was due to a foreclosure. With respect to the security deposit, the new owner has assumed the role of the prior owner, and must perform just as the prior owner does. The prior owner did not have to refund the deposit to you just because he sold the property. Instead, he "transferred" the security deposit to the new owner who must refund it to you under the provisions of the State laws that deal with security deposits. There is a requirement in the Civil Code that the landlord set a time prior to your vacating to inspect the property, and give you an indication of areas that might be a problem, where s/he might withhold your deposit. That is intended to give you time to fix those items before you surrender the property, so you can get as much of your deposit back as possible. Few landlords know of, or comply with this requirement. Its for your benefit, so clean and prepare the place as if you were surrendering it to them that day so you know where you might get hit on your security deposit.

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