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Thelawman2, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 1027
Experience:  Attorney-at-Law
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In a month to month agreement (in California), no lease, no

Customer Question

In a month to month agreement (in California), no lease, no terms other than 30 day notice requirement .
If tenant gives written 30 day notice when rent is paid (no past due amounts), but fails to vacate by 30 days, and instead vacates after 45 days (stays 2 weeks beyond the expected date on the notice), can the landlord charge for the entire 2nd month or just the time the property was occupied?In other words, at the date he vacates, does the tenant owe for 15 days or a full 30 days?
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Thelawman2 replied 2 months ago.

In such instances, because the agreement is month-to-month, the landlord is entitled to charge for the entire second month. The only way around this is if the landlord agreed to the 15 days and agreed to half the payment.

Customer: replied 2 months ago.
Ok. He did originally agree verbally to payment for 15 days. Then changed his mind.
I also believe he had another tenant in the unit before the month was over.Also. I stored a piece of expensive equipment (Value more than rent) in a neighbors unit to pick up later. The landlord used his key and took the equipment and has refused to return it until paid the additional month.
What recourse to I have here?
Expert:  Thelawman2 replied 2 months ago.

First, it is illegal for him to take the equipment to pay for the rent. You can sue him to recover the property or possibly press charges against him for theft (however, the police might say that this is a civil matter and not a criminal matter and therefore they won't get involved). Additionally, he would need to sue you to recover the other 15 days. You would argue that he verbally agreed to the modification, but the issue is that you don't really have much evidence unless he admits to it. In that case, the written contract would probably prevail. But if you give him payment for half of the month, he might not sue because of the potential headache.

Customer: replied 2 months ago.
I contacted the police. They said it us civil, but they will do what they call a "civil standby" where they will be present when we speak. I have documentation showing my ownership of the equipment, but the landlord can be pretty ornery and I'm not sure if they will order him to release the equipment or not.Other than the act of taking the equipment, his he committing a crime by holding it?
Expert:  Thelawman2 replied 2 months ago.

If the police said it was civil, then there isn't any other crime he is committing by holding it. I hope this has been helpful. Please let me know if my answers have been satisfactory.

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