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asinghal · Jan 28, 2013, 08:53 PM

Hi,

After how many days the security deposit is refunded after moving out from an apartment? I know its usually within 21 days but I want to know the some exact idea of the days people get it back...

Thanks

LisaB4657 · Jan 28, 2013, 08:56 PM

The time for a landlord to return a security deposit depends on the laws of the state where the property is located. Tell us the state and we can tell you the exact time.

asinghal · Jan 29, 2013, 09:30 AM

State - California
County - Orange County
City - Tustin

ScottGem · Jan 29, 2013, 10:35 AM

For CA is it 21 days within which they have to send it. Not when you receive it.
California Tenants - California Department of Consumer Affairs

Within that time they have to either mail a check or a statement of what it was used for (or both).

asinghal · Jan 30, 2013, 10:00 AM

Thank you very much for this information.

I will plan everything accordingly now. My lease was from Nov 1, 2012 to Nov 2013, now what I am planning is I will give my landlord the notice between 11 to 15 May that I will move out on June 16 (notifying a month before), so how much rent I have to pay for June now ? As I will be living for only 15 days in June and I will be giving a 30 day prior notice too from date of moving... still do I have to pay full rent or half rent for June ?

LisaB4657 · Jan 30, 2013, 10:59 AM

If your lease doesn't end until November 2013 then you are obligated to pay rent until that time. If your lease has a provision allowing you to terminate early then you are responsible for rent for the full amount of the notice period. So if the lease requires that you give 30 days notice, you pay rent for those 30 days regardless of which date the notice period ends. In your situation, if you give notice on May 15 then you are responsible for rent until June 15.

However, if your lease does not have a provision allowing you to terminate early, you are responsible for payment of rent until the end of the lease term (November) or until the landlord gets a new tenant, whichever occurs first. If you move out on May 15 and don't pay rent for June then the landlord is entitled to withhold your security deposit and apply it to the June rent.

ScottGem · Jan 30, 2013, 11:07 AM

As Lisa pointed out unless there is an early termination clause you have to pay rent until the end of the lease or until the apartment is rented again.

If there is an early termination clause, there is probably a penalty attached usually 2 months rental. Or you may be required to give longer notice. I suggest you read your lease carefully.

asinghal · Jan 30, 2013, 11:29 AM

I completely understand your point of early termination.
I have the copy of agreement, and it says if I want to terminate the lease early either I have to pay the rent till landlord finds a new tenant or till end of the lease or I can pay a flat termination fee(in advance).

So, I will give that flat fee along with the notice a month before moving out date. So what I am trying to ask is for June 1 to June 15, what will be the rent ? Full of half ? Though it comes in notice period and I know notice period is not free.

LisaB4657 · Jan 30, 2013, 11:42 AM

You need to carefully read your lease and see if the termination clause says anything about how much notice must be given and when the notice must be given. If it says anything like "one full rental period" then the notice must be given just before the first day of the month and you are responsible until the last day of the month (assuming your rent is due on the 1st of the month). If the lease doesn't say anything about when the notice must be given then you can give it at any time and you will only be responsible for the notice time regardless of when during the month it ends.

ScottGem · Jan 30, 2013, 11:52 AM

CA does allow prorating of rent. So, assuming you are giving the proper notice and pay the early termination fee, then you should only owe rent until you vacate.

Does the lease specify what the termination fee will be?

asinghal · Jan 30, 2013, 12:05 PM

The early termination clause in my lease says to give a 30 day notice and pay a flat fee in advance. ($2000)

I usually pay rent on 30th or 31st for next month. Assuming that I paid full rent for May, and in mid of May(14th or 15th May) I will notify them for moving out on mid of June. So when it comes to end of May I will pay half month's rent for June, guessing I am right this time with all the answers.

LisaB4657 · Jan 30, 2013, 12:12 PM

Yes, but you should make sure that you pay the termination fee when you give them the notice that you are moving out.

asinghal · Jan 30, 2013, 12:20 PM

Yes, I will pay the termination fee along with the notice.

Thank you for your help, I really appreciate!

LisaB4657 · Jan 30, 2013, 12:29 PM

My pleasure. Good luck!

ScottGem · Jan 30, 2013, 02:06 PM

You will give them written notice something like this.

This is to inform you, that I will be terminating my lease effective June 15. This notice gives you the required 30 notice of the termination. I have also enclosed $2000 as my early termination fee as described in Clause xx of my lease.

On or about June 1, I will pay my rent prorated for the 15 days that I will remain in the apartment.

I would spell this all out so there are no surprises. If they try to say you can't do this, refer to the lease and CA law.