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View Full Version : 60 day notice, tenant moves out wants back more of deposit


solutionor
Apr 29, 2010, 05:59 PM
In California, gave notice to tenants (the required 60 days) to end month to month rental agreement--without cause. Send a note along with it reminding that the security deposit is not last months rent. The tenant then calls me about 10 days later, saying the will be out within the week. On the 12th, I do a walk through with the tenant, he is leaving a huge pile of stuff in the garage, and a couch in the yard, says he will fix broken window screens and clean... later I pay to have junk removed, screens fixed, I do the cleaning, I send him back the deposit minus cost of dumping trash and fixing screens, and one months rent. He insists he did not need to give me notice--and I must prorate!

excon
Apr 29, 2010, 06:05 PM
Hello s:

IF you gave notice to include TWO complete rental periods, and he called you 10 days after receiving it, and left a couple days later, and he DIDN'T pay his last months rent, you did the correct thing.

excon

ScottGem
Apr 29, 2010, 06:06 PM
Ok, you gave them 60 days notice that you were terminating the rental. They left 12 days into the 60 period without giving prior notice?

If so, they were required to give 30 days notice if they were leaving prior to the 60 day notice period. So you can charge them for a full month, but not the full 60 days.