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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34848
Experience:  Attorney over 16 years, landlord 26 years
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My girlfriend and i are on a month to month lease with a

Customer Question

Hi, my girlfriend and i are on a month to month lease with a landloard. We are currently separating. I gave the landlord my 30 day notice on the 13th. My ex girlfriend wants to stay. What is the law on our deposit. Also my ex says i sent her a text saying i would be out by the first. I gave my 30 notice to my landlord on the 13th. By law what day do i have to be out
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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thanks

Barrister

Customer: replied 8 months ago.
California
Expert:  barristerinky replied 8 months ago.

Ok, the way the deposit works is that if you and girlfriend are the original tenants under the tenancy agreement, when you terminate that tenancy agreement by giving the landlord a written 30 day notice, you are ending that original tenancy. Once that occurs, when the landlord accepts rent from your girlfriend for the next month's rent after you terminate, then he will be deemed to have entered into a new month to month tenancy with girlfriend solely. So at that point, he would have 21 days to refund the deposit to you and her, and then he can request a full deposit from her after inspecting the property for damages and making any deductions.

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So you would need to notify the landlord in writing that when girlfriend remains and pays the rent on her own, she is entering into her own month to month tenancy and you expect a refund of your deposit money within 21 days of you vacating.

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And if you gave your notice on the 13th, it is exactly 30 days later that your tenancy expires. So you would owe a prorated amount until the 13th of July if your rent is due on the 1st.

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thanks

Barrister