In California, I've given a 30 day notice to move out of my apartment on the 15th. My landlord is requiring me to pay for the full month's rent (1st to the 31th). There is nothing in the lease that says that I have to pay for the entire month. Is my landlord required by law to pay me back for the time that I do not occupy the property?
2006-08-01 17:21:01 · 11 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
According to the Guide to Residential Tenants' and Landlords' Rights and Responsiblities published by the State of California, since you gave a 30 day notice, you're only responsible for the first 15 days. The landlord should pro-rate the rent for the portion of the month that you will be a tenant. If you pay a full month's rent, then you're technically a tenant until the 31st and will have rights to access the unit and amenities of the complex.
If you run into any complications, you may want to seek out someone who specializes in tenants rights (like a lawyer or a tenants' rights group).
Good luck!
2006-08-01 17:33:39 · answer #1 · answered by ? 3 · 0⤊ 0⤋
There are a couple of things to consider here.
First, what did the lease say about giving a notice? Did you give them the full amount of time as notice prior to moving out AND did you do it as the lease stated (Verbally or Written)?
Next, How did you leave the place? Was it clean and if so, did you give a deposit when you moved in?
Third, Are you current on the rent?
If you gave them proper notice as specified in the lease (Written or Verbally) and cleaned up and didn't owe back rent, you are entitled to your deposit back AND the two week's worth of rent. But only if all of these conditions are true.
If you damaged the place or did something that the lease stated was not suppose to be done, IE ripped up carpeting for tile floors, etc. then they can keep the extra rent towards the payment of fixing what you did wrong and keep the security deposit AND they can come after you if they are still out more money.
Forgot the kicker- he can not under any circumstance keep your two weeks rent AND be collecting rent for the same time period from a new tenant.
Hope this helps!
2006-08-01 17:24:38 · answer #2 · answered by drinkupmehearties 3 · 0⤊ 0⤋
If the written notice was given to your landlord on the 15th of the previous month then the rent should be pro-rated for 15 days for the month that you move. For example you gave notice on July 15th and move out on Aug. 15th then the rent for Aug. is pro-rated. If on the other hand the notice was given on July 30th and you move out on Aug 15th you are still responsible for paying the full months rent. Rent is rent and security deposit deals with apartment condition upon vacating. One does not have anything to do with the other, they are two seperate issues.
2006-08-01 20:04:03 · answer #3 · answered by Theresa H 1 · 0⤊ 0⤋
it depends on what day you put in your 30 days notice. Generally 30 day notices are placed at the beginning of the month, so even if your out by the 15th i believe the landlord still keeps the whole months rent.
2006-08-01 17:28:22 · answer #4 · answered by tomcat 2 · 0⤊ 0⤋
If you gave 30 days notice I don't believe that you have to pay the full amount. If he tries to take it out of your security deposit write a demand letter and if you don't receive a response within 14 days you can take him to small claims court. Security deposits are for damage to the property only. I would call the renters board in your area for the right codes and send him a certified letter now explaining why you are not going to pay and which codes that falls under.
2006-08-01 17:31:02 · answer #5 · answered by creative rae 4 · 0⤊ 0⤋
You have to give 30 days notice by law. No lease can overrife that law.
when you leave is irrelevant, you still owe for thirty days after you give notice
2006-08-01 17:26:16 · answer #6 · answered by billyandgaby 7 · 0⤊ 0⤋
usually you sign a lease for a certain amount of time.. if its only a few weeks ull prolly have to pay. but if it dont say it on the lease then ypu could prolly check it up with a tenants board or something like that
2006-08-01 17:26:18 · answer #7 · answered by cute_byatch84 2 · 0⤊ 0⤋
why put your self in trouble, why not pay the whole month and leave at the end of the month. they mean business...
2006-08-01 17:30:38 · answer #8 · answered by happydoods 3 · 0⤊ 0⤋
Only if you have notified him in advance of the move date.
2006-08-01 17:25:55 · answer #9 · answered by crystal89431 6 · 0⤊ 0⤋
Read your contract. If you don't have one, then the answer is no. IF you have one check if you do or not.
2006-08-01 17:25:39 · answer #10 · answered by Anonymous · 0⤊ 0⤋