Legal Question in Real Estate Law in California
Battling With Landlord Due to Job Transfer
Lived at Cal. apt. comples for six months, did not renew a lease but went month-to-month. After eight more months husband given a two-week job notice to move to Tx. Wrote a 30-day notice to landlord/due to job transfer. Told to pay 30 days regardless of date of move-out, only paid up until date of move-out. Landlord submitted bill for two weeks of rent, late fee, cleaning, bleach damages. Total bill $1175.00. Security deposit $400.00.
Questions/issues: 1.) During final eight months we overpaid $25.00 per month due to mistyping of the landlords renewal letter. They have not addressed this. 2.) They charged a pro-rated amount for painting. Can they legally charge for painting at all? 3.) Bleach damage to carpet was present at move-in. No record of move-in inspection form. Are we still liable? 4.) I cleaned apartment thoroughly before leaving. Only missed cleaning refrigerator freezer and behind stove/refrigerator. Are we liable for $131.45 for apt./carpet/blind cleaning?
Submitted check for amount we felt was due. They returned it with little explanation. What is our legal recourse since we are no longer residing in the state?
1 Answer from Attorneys
Re: Battling With Landlord Due to Job Transfer
First of all, they can sue you in California and obtain a judgment if you do not appear. They would have trouble collecting, but it could affect your credit rating.
The landlord is entitled to rent for 30 days from when you delivered the 30 day notice, or until you moved out, whichever is longer. If you gave a 30 day notice, but moved out in 2 weeks, you are still responsible for the additional time.
They cannot deduct normal wear and tear (such as painting) from the security deposit. Regarding the bleach stains in the carpet, it's your word against his without a move-in inspection form. As for the additional cleaning bill, that is why it is important to be present at move-out ao you can address such issues.
Finally, if you can prove that you overpaid the rent by $25 per month, you are entitled to have that credited to you. The landlord cannot be enriched based on an error by both parties.
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