Legal Question in Real Estate Law in California
last month rent
When I moved in I paid a deposit, first and last month's rent. The property was sold and I was given a 30 notice two days after I had paid the rent (The check was cashed).My question is if I need a few extra days beyond the 30 days notice do I legally have the right since my last month's rent, paid on move in goes beyond the 30 day notice.
1 Answer from Attorneys
Re: last month rent
The California Civil Code states that any payment beyond the first months rent is a security deposit regardless of how it is designated on the rental or lease agreement.
That statute in not favorable to your position. The best approach is to talk to the owner about the possibility of staying over for a few days. If that is not successful then you could argue to the court that the owner wrote the contract and it should be interpreted in your favor by considering that the last months rent has already been paid.
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