Legal Question in Real Estate Law in California

Hello, I recently ended a month-to-month rental because my landlord tried to steal my dog and basically stole two horses of mine. I was paying $1000/mont rent plus $100 for utilities that were under her name. I gave notice on March 23, 2010 and moved out on March 25, 2010. I turned everything off when I moved out. Am I responsible for utilities for April? Thanks.


Asked on 4/02/10, 1:54 pm

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

In a month-to-month tenancy, both sides must give thirty days written notice that they are not going to renew the rental of the property. So normally you would be liable for all utilities until April 22; the landlord, however, must try to mitigation damages by reasonably trying to re-rent the premises. If a new tenant does or should have been able to move in before the 30 days ends then your liability ends when they do or could have moved in. That the utilities were under her name merely means that you have to pay her and not PG&E.

If the landlady tried to steal your dog, that could be considered a break of the contract and you would be free to elect to end the lease right then and not be responsible for any additional costs.

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Answered on 4/08/10, 8:31 am


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