Check out some similar questions!

dmb1976 · May 4, 2009, 08:13 AM

I submitted a 30 day notice to move on 4-17-2009 to vacate on 5-17-2009. On 5-4-2009 my landlord put a 3 day notice to pay or quit on my door. Is this even legal? And are late fees legal to charge in California?

LisaB4657 · May 4, 2009, 08:19 AM

If you didn't pay your rent then your landlord is entitled to give you a 3 day pay or quit notice. And late fees are legal.

I wouldn't worry about moving out by the 7th, though. If you haven't paid by then the landlord has to file a lawsuit to evict you. Most likely you'll be out before the matter gets listed for a court date.

But keep in mind that, if the landlord proceeds with the matter after you're out, you should show up in court to state that you've already vacated. That way you won't have a judgment of eviction on your record.

dmb1976 · May 4, 2009, 08:27 AM

Can my landlord deduct from security deposit any unpaid rent (18 days) or does he have to return it minus whatever damages if any , 21 days later? I live in California

this8384 · May 4, 2009, 08:32 AM

Depends on the circumstances. What type of lease did you have: signed or month-to-month? If signed, when did it expire? When did you give notice of vacancy? When did you actually vacate the property?

dmb1976 · May 4, 2009, 08:43 AM

I submitted a 30 day notice to vacate and plan to do so in 30 days. My original lease already expired and now I am month to month. I want to know if my landlord has the right to deduct any unpaid rent (18 days for month of may) from my security deposit. And does he have only 21 days to return all security deposit,minus damages if any.

excon · May 4, 2009, 08:56 AM

Hello dmb:

Depending on your state, he may have more or less time than that. Some states require you to make a demand upon him first..

Yes, he'll be able to take unpaid rent from your deposit. Plus, if you're WRITTEN notice doesn't include one complete rental period, you could be liable for still another months rent.

Notice how I said written above?? That's because if you didn't write it, you could be liable for much more than one months rent.

excon

excon · May 4, 2009, 09:02 AM

Hello again, d:

Please keep your posts on ONE thread. It makes it hard to keep up, specially when your story changes.

Lisa, my friend. You've got some merging to do.

excon

ScottGem · May 4, 2009, 09:53 AM

I've merged your threads. Please don't start a new thread with a follow-up question. Use the Answer This Question options instead.

Under CA law, you are allowed to give notice any time during your rental period. But you are responsible for the rent for the whole time of the notice. So you needed to pay rent for the 17 days when the May rent was due. If you didn't, then a late charge is very legal.

If a tenant leaves with unpaid rental, the landlord can deduct that unpaid rental from the security deposit. But it's the landlord's decision. The tenant cannot assume that since the LL has the security they don't have to make the final rent payment.

Finally, yes CA law says the LL has 21 days to either return the security deposit or provide an itemized list (with receipts where applicable) detailing what the deposit was used for.

A LL that gives you a 3 day pay or quit, the minute your rental is past due, is very likely to know what he is responsible for and I'm sure he will provide the itemization on time.

dmb1976 · May 7, 2009, 09:22 AM

We put in a 30 day notice to move and ever since then, our landlord has been harassing us. He will not fix anything (including fire hazards) and has even gone as far as calling the school district about child abuse on our children. These accusations have been made on paper and via text message as well. He has a $ 2800 security deposit that he owes us so he is going to try to nickel and dime us. What can I do to stop the harassment and not get screwed on my deposit. Oh, and he is a LAWYER too. I live in CA.

Lowtax4eva · May 7, 2009, 11:00 AM

Well just document what he refuses to fix and send him a registered letter stating these are the problems with the apartment you refuse to fix... we will not be financially responsible for them" and move

dmb1976 · May 12, 2009, 04:07 PM

If my lease expired in October of 2008, is anything still valid in that lease? I have not agreed to anything since than as far as a month to month. I have not signed anything. I still live at address but need to know if old lease holds any water. Can it be used against me in court?

LisaB4657 · May 12, 2009, 04:14 PM

Yes, your lease holds water. When a lease expires and a new one is not signed, you become a month-to-month tenant at the same terms and conditions as the original lease except for the term. It's monthly instead of yearly. But everything else still applies.

dmb1976 · May 13, 2009, 07:15 AM

I gave my 30 day notice on 4/17/2009 and am moving out on 5/17/2009. My landlord gave us eviction papers on 5/8/2009 ( one week before move ). If I answer the eviction in proper time and go to court, will the eviction part get thrown out since I already vacated the apartment. I know I still owe money for 17 days; and plan to pay out of my security. I just don't want an eviction on my record. Im in California

ScottGem · May 13, 2009, 07:22 AM

Originally Posted by dmb1976

I know i still owe money for 17 days; and plan to pay out of my security.

Sorry but that is not up to you. Rent is owed when due. You may not get your security back depending on the condition of the unit. While the landlord can decide to apply the security towards unpaid rental, you cannot.

If the court hearing occurs after your vacate date, then an eviction may be dismissed. But you might wind up owing court fees.

ScottGem · May 13, 2009, 07:24 AM

Again, I've merged your threads. Please DO NOT start a new thread