Legal Question in Landlord & Tenant Law in California

This is an update to a few posts I�ve made in the last month. To recap, we�re renting a home in California which is in foreclosure. Our one year lease was up on June 8, 2012. Gave our 30 day notice on June 1, 2012 and told them to use our security deposit as last months� rent. They told us to pay, we did not. No other response from them. Trustees sale date was set for June 28, 2012. I checked on June 25 and sale date was once again moved to July 30 (This is the 4th time in 8 months it was moved. Sale dates were Oct 2011, January 2012, June 2012, now July 2012). In the last week, requests from landlord via email (whom we could never get a hold of in the past year) have escalated that we pay rent for June. We have secured a new, stable rental and take possession July 5. Since January, 2012, we�ve rec�d harassing collection agency phone calls for our landlord and her husband�s financial problems. Worst though, today, she called the management company we will be renting from and said false statements like we refuse to do a walk-thru, we refuse to return the keys, etc . We have always paid our rent on time, except for this last month using security deposit, and we will leave the home in the same condition as when we moved in, turn in the keys, etc. Do we pay rent and more than likely lose our security deposit? What should we do? Please help!


Asked on 6/30/12, 8:53 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You are liable for the rent for June and 7 days of July and can not use the security deposit as last month's rent. Obviously you will not be able to convince the landlord otherwise. But since you are moving out within a few days it is not likely the landlord will be anything such as serving you with a three day notice. Your question is not really a legal; question, it is whether you should gamble on the landlord being honest and returning the security deposit you are entitled to.

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Answered on 6/30/12, 3:31 pm


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