Legal Question in Real Estate Law in California
refund of last month rent
12/11/01
What obligation, legal or moral, does a landlord have a responsibility to provide an apartment with security.? I rented a concominium in August from a man with a 3 month lease, when I paid him first, last and 400 security. Anyway, the apartment was broken into through the window in the bedroom which was open. I was sleeping in the living room at the time. The tv was on and lights burning. The thief took about $50 and a credit card, and they left out of the front door, leaving it open. I gave my landlord written notice the next day of my intention to leave, as soon as I found a new apt. I am not breaking any least, the problem is that I have already paid my last month rent, so now I am paying for the month of December in 2 places. If I move out of the old apartment halfway through the month, is he obligated to refund half the month to me?
Thanks,
Now I�m on the Eighth Floor
2 Answers from Attorneys
Re: refund of last month rent
Howdy:
If the lease was written in August for three months, you must be on month-to-month holdover now. So, to cancel your tenancy, you'd be required to give your landlord at least 30 days' notice. If the notice you gave was in the beginning of December, then you're stuck for the whole month, even though you have another apartment.
Sorry.
Re: refund of last month rent
You would have a very difficult time showing that a landlord has any liability for a break in, unless it was done by an employee of his. You should either stay there until the end of the lease, or pay in two locations.
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