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    CoronaPete's Avatar
    CoronaPete Posts: 3, Reputation: 1
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    #1

    Mar 19, 2008, 01:06 PM
    Renters gave only 10 days notice to move out
    Hi,

    I am renting a house, and I had 2 other roomates that I sub-let to..

    They both gave me 10 days notice and moved out.

    How much of their security deposit am I obligated to return? Is it legal to charge them for one more month's rent since they only gave me 10 days notice.. and take that amount out of their security deposit?

    Thanks for the help!
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Mar 19, 2008, 01:09 PM
    What is stated in the lease that they signed? Are they obligated to stay there for some period? What is the notice amount (time) for how long they have to give, it's usually 30 days but it is not always the same.
    CoronaPete's Avatar
    CoronaPete Posts: 3, Reputation: 1
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    #3

    Mar 19, 2008, 01:15 PM
    They never signed anything. We had a verbal agreement that we would all stay there for at least a year, and then if anyone wanted to not continue to give 30 days notice.

    I was thinking since there was no signed agreement, then it becomes a month to month by default, and they would be obligated by law to give at least 30 days notice.. but I'm not sure, that's why I'm asking questions!

    Thanks

    Quote Originally Posted by charlotte234s
    What is stated in the lease that they signed? Are they obligated to stay there for some period of time? What is the notice amount (time) for how long they have to give, it's usually 30 days but it is not always the same.
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #4

    Mar 19, 2008, 01:17 PM
    What state are you living in?

    Usually a verbal agreement is not really legally binding or admissible in court unless it is recorded or otherwise validated..
    CoronaPete's Avatar
    CoronaPete Posts: 3, Reputation: 1
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    #5

    Mar 19, 2008, 01:23 PM
    Quote Originally Posted by charlotte234s
    What state are you living in?

    I live in Southern California.

    Usually a verbal agreement is not really legally binding or admissible in court unless it is recorded or otherwise validated..
    Not legally binding in terms of me having any obligation to return the deposit?
    (everything on the lease is in my name only, including the deposit)

    I'm not trying to screw these guys or anything, I just want to be sure that I do the right thing, especially if they decide to take me to small claims court over it.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #6

    Mar 19, 2008, 02:47 PM
    Quote Originally Posted by CoronaPete
    I was thinking since there was no signed agreement, then it becomes a month to month by default, and they would be obligated by law to give at least 30 days notice.. but i'm not sure, that's why i'm asking questions!
    You are correct. If they paid rent on a monthly basis then they were month-to-month tenants and were required to give 30 days advance written notice of their intent to move out.

    Check out Landlord/Tenant Book Index - California Department of Consumer Affairs for your rights and obligations.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Mar 19, 2008, 07:06 PM
    Also when did they give the notice.

    They are required to give a 30 day ntoice. And this should be from date rent due. So they will owe for at least the full months rent.
    sasachel's Avatar
    sasachel Posts: 15, Reputation: 1
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    #8

    Mar 19, 2008, 07:11 PM
    They Can't Do That. They Have To Have A Cop Come To Your House And Serve You To Move Out. That Is Happening To My Friend Right Now Too. And You Should Have At least 60 Days To Move Out Of Your House. In Some Communities The Days Are Different But 30 Days Is Illegal. And You Also Don't Need To Pay The Last Months Rent. If They Are Tellign You To Be Out In 30 Days That Is Illegal. Tell The Owners To Give You More Days Or You Will Go To Court. Simple
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Mar 19, 2008, 07:24 PM
    Security deposits can be applied towards unpaid rental. Since they did not give you sufficient notice (30 days), you can withhold the unpaid rent. Send then a notice itemizing what you used the deposit for and returnedany unised portion of the deposit. If they sue, all you need is showthat they were paying you monthly rent and did not give 30 days notice in writing.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Mar 19, 2008, 07:26 PM
    Quote Originally Posted by sasachel
    THEY CAN'T DO THAT. THEY
    First please don't type in all caps. Second it would help if you rrad the question carefiully. The OP is the landlord and it was his tenants that moved out without sufficient notice.
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