Legal Question in Real Estate Law in California
They kept our security deposit as last rent
We lived in California for 6 years at one place. We informed our
rental company we would be moving out at the end of July 2002,
sending them a letter May 7, 2002. Around July 20 the rental
company came on a walk through of the house and brought one
possible renter through. A For Rent sign was never placed on our
lawn and they said they would be replacing the carpets and
painting the walls after we moved out. We were totally moved out
on July 30th. We kept saying that we were not willing to pay
August rent, because we were gone before August 1. When they
sent us the closing costs and security deposit refund we were
shocked to see that we were charged for August rent!!
Is there any way of getting back that month's rent because I feel we
were all moved out and it was their fault for not finding another
tenant for August??
Please help!!!
Thank You very much.
2 Answers from Attorneys
Re: They kept our security deposit as last rent
This is either outrageous conduct by the rental company or a misunderstanding. You should contact them in person (having with you a copy of your May 7 letter) and inform them that they are not entitled to any August rent under the Civil Code and that you want an adequate explanation or a full refund or they may face a small-claims action. I suggest you read Civil Code section 1950.5 regarding deposits and refunds.
The foregoing assumes you were not under a written long-term lease which was unexpired as of the date you moved out, i.e. that you had the right to terminate your tenancy at that time.
Re: They kept our security deposit as last rent
If you were month to month and you gave at least thirty days notice you are not responsible for rent beyond the date you informed them you would move out and turned the premises over to them.
Joel Selik
www.4thelaw.com
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