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    paugustin's Avatar
    paugustin Posts: 1, Reputation: 1
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    #1

    Jun 29, 2009, 06:49 PM
    Landlord collecting double rent?
    State: California
    I gave my apartment landlord 30 days verbal notice but failed to give her a written 30 day notice at the end of my 1 year lease. I had not noticed in my lease that the written part was required and they are holding me to another months rent after the lease is up and raised the amount by $400. (I was given notice a few months back they were raising the rent at leases end).

    Though I am at fault technically, it seems she could have reminded me at the time of my verbal notice that I needed it to be in writing. Question: Can she rent that unit to another tenant and get the full months rent if she is collecting the rent from me at the same time? Doesn't she have to make a good faith effort to rent that place and pay me back the difference that she did not loose in rent? She insists that I either pay $1800 rent so I can move back in or move out and pay her $1400 rent that was the lease amount and not live there. Please advise. Thanks very much.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 29, 2009, 07:02 PM
    Quote Originally Posted by paugustin View Post
    Can she rent that unit to another tenant and get the full months rent if she is collecting the rent from me at the same time? Doesn't she have to make a good faith effort to rent that place and pay me back the difference that she did not loose in rent?
    Hello p:

    You're right... And, there's better news. Notice goes both ways. Yes, you needed to give her written notice about your intent to vacate... And, she needed to give you 30 days written notice about the rent hike. She didn't, so you don't owe the hike. And, if she doesn't make an effort to "mitigate" your damages, then she can't keep that rent. And, if she DOES rent it, she has to give you back the pro rated difference.

    It looks like you're going to wind up in court with this landlord in any case. I can't see this person giving you back your deposit as required either. Give her the money, and wait for your deposit. I think California gives her something like 14 days to respond with a check and/or a list of damages and the receipts it took to repair them. Otherwise, I think you're entitled to triple damages.

    I haven't read your landlord tenant laws in a while and I get them mixed up. You can read your laws right here at the top of the real estate page on a sticky note.

    excon

    PS> (edited) I see where they DID give you notice of the rent increase. Bummer.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 29, 2009, 07:04 PM

    Agreed, she had to give notice on the rent increase and she can not charge you and a new tenant rent.

    So go to court and win your money back from them
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