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DCrane Esq
DCrane Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 25285
Experience:  Experience in this area is derived from assisting clients in commercial and residential lease matters.
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We were required to pay first months rent, security deposit,

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We were required to pay first month's rent, security deposit, last month's rent and pet deposit on a one year lease. We are vacating the property after 9 1/2 months. However, we gave 30 days notice, allowed the owner to show the property and hold an open house while we are still living in it. As a result, he has already found a new tenant who is moving in August 1st and has already paid up on first, last and security deposits to the owner. The owner is not only NOT losing any money, but he has raised the rent by $200. Which, is resulting in profit by having us vacate early. He had stated that we would lose our last month's rent for breaking the lease and would not get our security and pet deposit upon turning in the keys; it will take approximately three weeks for him to mail us a check with whatever amount we are entitled to pending a walk through. He has also stated that he will not be available to do a walk through with us on the 31st of July (our last day) and for that reason cannot give us the deposit back right away. However, as the new tenant moves in on the 1st, he will have to do a walk through with him anyway. What are our rights in requesting not only that our money be paid upon key return, but also ensuring that if the property is as it was when we moved in, that our entire security deposit, pet fee, and last month's rent be returned to us in full?

DCrane Esq :

Thank you for the post, will the landlord have to do any repairs to the unit for the new tenant?

Customer:

No repairs at all, the house is even cleaner now.

DCrane Esq :

Thank you, XXXXX XXXXX the right to the return of your security deposit and last month's rent (provided that the last month's rent is not allocated to cover the period between the termination of your tenancy and the start of the new tenancy, e.g. the period the property is unoccupied and not drawing any rent from the new tenant).

DCrane Esq :

The pet fee is also refundable as it is considered a portion of the security deposit in CA (for your reference, see http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml)

Customer:

Do we have the right to request that he pays in full on our last day of the property and that he sends a representative in case he is not available to do it?

DCrane Esq :

By last day of the property do you mean the last day of your tenancy?

Customer:

yes, the new tenant is moving in the very next day.

DCrane Esq :

Thank you, XXXXX XXXXX the landlord has 21 days from the last day of your tenancy to return the security deposit. For your reference, see http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

DCrane Esq :

Also, to reitterate, your last month's rent is considered part of the security deposit and is refundable unless there is no regular payment for the last month's rent paid.

Customer:

thank you.

DCrane Esq :

Thank you, XXXXX XXXXX to rate my answers positively if I have answered your questions.

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