Ask Experts Questions for FREE Help !
Ask
    kblove's Avatar
    kblove Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 16, 2010, 03:16 PM
    What is the California Civil Code involving the return of prorated rent?
    My fiancé and I were renting a room and the landlord served us with a 5-day Notice to Quit one day after we paid our entire month's rent. The lease states a required 45-day notice to terminate the lease from either party, with no mentioning for an early lease break fee. We have vacated but now are faced with his verbal refusal to sign any documentation, including that of a lease termination agreement. He has also refused to refund our pro-rated rent or our security deposit. I know that through CA Civil Code 1950.5 he is required to return our security deposit within 21 days of the vacate, but what about the pro-rated rent? Also, since we were on a 12-month lease and only 2 months into the lease and he is refusing to sign a lease termination, does he have the right to demand the other 10 months rent, even though HE is kicking us out? We have had extreme difficulty in communicating with him, so we have not returned keys yet (today is the official move-out date, and we have all of our stuff out and everything has been cleaned), but are sending them via certified mail return receipt requested. What else do we need to do to get our money back? That's all we want!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Jul 17, 2010, 04:28 AM

    Hello kb:

    There's some holes in your story that need to be filled in before I can give you a good answer. I need to know WHY he gave you notice, when your rent was due and, and WHEN you left.

    excon

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Prorated rent [ 2 Answers ]

I'm signing a rental agreement on Saturday at 10, the agent wants me to pay prorated for that particular day, I understand it is a business but shouldn't I only pay for the remaining 14 hrs. left for the day or is it completely legal to ask to pay prorated for the whole day

Prorated Rent [ 3 Answers ]

We have a tenant that had been relatively good for 8 months - a few late payments, but otherwise good. On May 1st they called and said they were having financial trouble and would pay May and June's rent in full on June 1st. We verbally agreed to let them do this. June 3rd came and the tenant...

Prorated rent [ 2 Answers ]

We are on a month to month lease in California. My husband received orders from the military to move on July 20, so we gave notice on June 19. I paid rent for the 20 days we would be living here in July and our landlord went ballistic, insisting that we pay him the full months rent because we're...

Prorated Rent [ 2 Answers ]

I live in Oakland, CA and was given a 30 day notice to be out by 5/18/07, I have called my landlord letting them know I'll be out 5/8/07, am I intitled to ask for the prorated rent from 5/9 to 5/18?


View more questions Search