Legal Question in Landlord & Tenant Law in California

My step son had a lease on an apartment in Oceanside, CA. The lease was thru Jan 2010. He had a deposit of $950 on the apartment. He was killed in an auto accident on Oct. 11. His rent was paid thru Nov. 10. His mother and I came down to Oceanside on Oct. 17 to attend his memorial on Oct 18. We cleaned out his apartment on Oct. 19 and went to the rental office to turn over the key and see if there was any deposit to be returned. Since my wife was the emergency contact, she was the only one that could sign any paperwork. The office was notified about the death on Oct. 13 by his dad. When we went to check on the deposit, they said they are keeping $565 for 11 days rent because they required 30-days notice to vacate the apartment. Plus they are keeping $200-$300 to clean the apartment. The key was turned over two weeks early and we cleaned the apartment before we turned over the key. My question is, how would one give 30 days notice if they are suddenly killed? This was not a planned event and no intent was given to break the lease. This seems unfair and rather calous on the leasing companies part. But, the amount is not big enough to hire a lawyer, but it is more of principle. Since we turned back the apartment 2 weeks early, that should be taken into consideration. Thank you for your response. Rod


Asked on 10/23/09, 5:19 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

I am extremely sorry for your loss, and you are correct, what the landlord is doing is extremely insensitive to your tragedy. Unfortunately, what they are doing (at least with respect to the rent) is probably legal. While yes, it is impossible for your late step-son to comply with the terms of the lease, it is an enforceable contract even after he passed away, and by law they can insist on the rent through a 30 day notice period. Should they? Absolutely not, but can they, I would have to say yes. As for the cleaning, it boils down to did you return the apartment to them in the condition in which it was delivered to your step-son, less reasonable wear and tear? I have no doubt that you did, but can you prove it in a court of law, again, probably not. Your only witness to the condition of the apartment on move-in is almost certainly your late step-son, and as such, you may not be able to refute their claim that it was not in as clean condition as when it was delivered to your step-son. Again, should they keep that money - probably not, but can they - probably yes.

You can get aggressive and take them to small claims court, but you would have to get Letters Testamentary from the Probate Court to act on behalf of the step-son's estate, and frankly you'll spend more than they are keeping to go do that, and to pursue them in Small Claims Court. In general, pursuing this legally is cost-prohibitive even in small claims court. Now, what you can do is go to the press with this. Find one of the local SD television stations that has an "advocate" - one of those obnoxious reporters who hounds people on consumer's behalf. That might "soften" the landlord's heart and make him reconsider not returning the money. Again, legally they do not have to, but morally, its a pretty easy call.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 10/28/09, 5:53 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California