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CA: Security deposit forfeiture
I have a question regarding the legality of a clause in a rental agreement. My fiancée is presently renting an apartment on a month to month basis and is planning to end the rental agreement. She has given her 30 days notice. There is a clause in the agreement stating that if the agreement is terminated prior to six months time, the security deposit is forfeit. This seems like it violates the substance of a month to month rental agreement, so what I was wondering is if it is legal for the landlord to keep her deposit in this situation (cancelling at the end of the 3rd month)?
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The substance of the "month to month rental agreement" is, like any agreement, exactly what it says. Apparently the agreement is what it is.
You are confusing such agreement with a true tenancy-at-will; i.e.: an unwritten agreement or a hold-over after expiration of a lease for a term. Unless there is a specific statute prohibiting such an agreement, and I'm unaware that there is, your fiancée is stuck. |
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