This is in CA. I have subletted a room - the lease ended May 31. The person said they were going to stay (verbally commited) and paid their May rent as usual. On May 29th they said they changed their mind. I have their last month rent deposit (since they hadn't used it) and they said they are entitled to it. Are they?
2007-06-22 15:53:52 · 6 answers · asked by dmousewife 1 in Business & Finance ➔ Renting & Real Estate
This is in CA. I have subletted a room - the lease ended May 31. The person said they were going to stay on (verbally commited) and paid their May rent as usual. On May 29th they said they changed their mind. I have their last month rent deposit (since they hadn't used it for their last month) and they said they are entitled to it. Are they? **The rent term was 4 months - I collected first, last, and a security deposit. Terms give lease ending date of May 31 and have Notice to vacate 60 days . . .does this info help more?
2007-06-22 16:29:06 · update #1
How long are they staying?
With a verbal month to month lease only 30 days notice is required.
The 60 days only applies to the written lease.
2007-06-22 15:58:10 · answer #1 · answered by Anonymous · 0⤊ 2⤋
The lease should've stipulate how that deposit could've have been used. A regular "security" deposit is used to repair the apartment or the space used if it has been damaged or worn, such as a new paint job or the replacement, repair or maintenance of wooden floor or carpeting. Unless it was agreed your not supposed to use security deposit as a rent payment but if the deposit is to cover damages then being owed one months rent may be considered "financial" damage. If you have the time to take the renter to court the judge may rule in your favor. But the court dont want to listen to hear say. They prefer seing things in writing. Some Landlords collect a months security deposit and the last months rent. If this is what you did then you should be able to use the "last month" rent at this time. But if he denies ever agreeing to staying after the lease ended then you are S.O.L. You should have conjured up a written statement in corralation to his verbal commitment. It seems that all you have is a lease with a termination date of May 31 and a person who moved out at the time specified on the lease.
Good luck
2007-06-22 16:18:26 · answer #2 · answered by bromanproperties 2 · 0⤊ 0⤋
They still have to provide proper notice. Usually this is 30 days notice. They cannot just change their minds. Notice to vacate must be in writing. This person has no leg to stand on. They are actually by law obligated to June rent. You really need to protect yourself and have protections beyond the lease period written in to the lease. The deposit is refundable once the terms of the lease have been fullfilled. They have not.
2007-06-22 15:56:59 · answer #3 · answered by Football Crazy Robot 6 · 4⤊ 0⤋
If the contract calls for 60 days notice, they would have had to tender their notice by March 31st to be effective as of June 1st. They owe you for 2 months rent, for June and July. Their notice on May 29th is effective on August 1st because of the 60 day notice requirement.
2007-06-22 16:11:40 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋
You can't keep a security deposit as rent, unless directed too. But you are entitled to June rent because they did not give you the 60days notice, that 60days is to help you find someone else to rent the place.
2007-06-22 15:58:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
that's good to to seek for the advice of an lawyer (whoever drafted your hire would be a marvelous first step) to confirm what you may probable benefit by potential of not agreeing to it. 60 days could be adequate word to get a sparkling tenant, and no courtroom is going to make that individual pay something of the hire once you're able to looking a sparkling tenant in the advise time.
2016-11-07 06:26:26 · answer #6 · answered by ? 4 · 0⤊ 0⤋