Legal Question in Real Estate Law in California

evcition

Can a landlord give you a 3 day or quit and file for eviction notice if you are moving out within 2 weeks and have asked them to use your deposit money to cover the possible two weeks at the most that you will be here??? peggie


Asked on 9/03/02, 11:10 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: evcition

Yes.

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Answered on 9/04/02, 1:15 am

Re: evcition

Yes. The deposit is intended to cover damage to the apartment as well as unpaid rent. The landlord is entitled to collect the rent when due and not apply the deposit. If you don't pay the rent, you can be evicted.

Some landlords will not file an eviction action if you will be out in two weeks. Others will, because they do not know if you will actually move. Having an eviction filed against you does affect your credit and your desirability as a tenant to a new landlord.

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Answered on 9/04/02, 6:26 am
Judith Deming Deming & Associates

Re: evcition

Yes, if you are talking about a secruity deposit, which is not rent, and not refundable to a tenant unless he has vacated and the premisese are left in the same condition as when the tenant moved in. Also, any refund of a security deposit need not be tendered by a landlord until 21 days have elapsed from the date the tenant vacates.

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Answered on 9/04/02, 5:17 pm


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