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    mccarlk's Avatar
    mccarlk Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 7, 2007, 01:32 AM
    Landlord will not return prepaid rent in CA
    I relocated to CA and signed a lease from out-of-state. The lease ran six-months and then automatically converted to month-to-month. On Feb 7, my landlord gave notice that rent would increase effective Mar 7. We elected to move out and gave notice (the only condition the lease specified for notice was 30 days notice). I have several emails documenting our agreement we would move out and the lease would end Mar 7. When we moved in, we paid security deposit, nonrefundable pet deposit, and 1/2 the last months rent. After we moved out, the landlord returned only the security deposit and a note saying "thanks for being keeping it so clean" but did not return the 8 days of unused rent. This leaves me with two questions:

    1. Doesn't the landlord owe me the prorated portion of the last 1/2 month for the 8 unused days? The landlord is making some bizarre argument about the lease not being day-to-day and my option was to stay until the 15th or forfeit the remaining balance (which must not apply to him since he raised the rent on the 7th).

    2. Is the nonrefundable pet deposit legal? My reading of CA 1950.5 makes it sound like no portion of the deposit can be "non-refundable". I agreed to this provision when I moved in and it was legal in the state I moved from (NJ), but if this is going to end up in small claims I feel like I should go after this amount as well.

    Thanks,
    KM
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Apr 7, 2007, 05:05 AM
    When was the original lease effective? When was rent due? When did you give notice? When did you actually move out? How much do you think you are due?
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