Legal Question in Real Estate Law in California

Re: Tenants Rights Upon Receiving a Termination Notice

The last month's rent is really a security deposit. The common practice for tenants is to proceed just as you are by not paying the last month's rent, and letting the landlord take that as the rent due. However, technically he's correct. And how does he collect for damage to the rental unit after you move if he isn't holding a security deposit? However, after you move out, and leave a security deposit, the ball is in the landlord's court. And you've got to do the work to collect your part of the security deposit back.

Re: Tenants Rights Upon Receiving a Termination Notice

you must pay in advance the rent up to the end of the tenancy. After you move out the landlord has 3 weeks to account for your security deposit. Should he not do so, you can sue him in small claims court under Civil Code Section 1950.5 for your last months rent, security deposit, and punitive damages.

Re: Tenants Rights Upon Receiving a Termination Notice

First of all, it could depend on what the lease calls the second month. If it calls it the last month's rent, you may be OK. If it is a Security Deposit, then that is what it is, and you should pay the rent for January.

If this creates a hardship, because you cannot pay a deposit at a new place, you may want to call the landlord and let him know that. Ask him to come by to verify the condition of the property, etc.

In reality, if he served a 3 day notice to you now, he would still need to file an unlawful detainer action, which will take more time and money on his part.

Try to negotiate with him.

Re: Tenants Rights Upon Receiving a Termination Notice

The written terms of the lease will govern the classification of the money given at lease inception. If it says 'first and last' or the equivalent, that's how you're entitled to treat it.