Legal Question in Real Estate Law in California

What does this clause mean in my Rental Agreement, Job Loss Addendum to Residential Lease "Resident shall also pay, at the same time of giving the 30-day notice, the then current month's rent and the equivalent of one month's rent, plus ten dollars. " I am losing my job on March 31st and when I call my leasing office they are saying that I need to pay for 30 days rent from the day I give notice plus 1 months rent + $10. I am not sure if it is correct as per the above clause. Could you please help me understand?


Asked on 3/22/10, 1:05 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

What it means is that the landlord is dishonest. A landlord can collect as a security deposit twice the monthly rent; yor landlord is tryuing to collect twice plus $10, a clear violation of the law. That results in the rental contract being unenforceable. All you legally are required to do is be current on your rent when you give notice, and then once you give notice yo can move out in 30 days. That time does not have to be the end or first of the month. You merely pay rent up to and including the thirtest day after the day of notice. Wh;en you are ready to leave, make sure there is a final inspection walk through and they tell you what will result in any of your deposit being held back so you can fix it is possible or dispute it if existed before or is normal wear and tear. They must within 21 days after you move out send the balance of the funds the do not dispute or they are estopped from claiming any part of the cleaning deposit.

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Answered on 3/27/10, 6:28 pm


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