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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19682
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Letter of indebtness to a military comand in officer, K, No,

Customer Question

Letter of indebtness to a military comand in officer
JA: OK. The Military Lawyer will need to help you with this.
Customer: K
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Yes
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Military Law
Expert:  Marsha411JD replied 4 months ago.


Thank you for contacting us today, can you please tell me what your legal question is and also give some brief background facts so that your question has some context. Once you respond, I will reply as soon as I am available. If I don't respond immediately, I am either temporarily offline or assisting another customer. Thank you

Customer: replied 4 months ago.
I have a military person renting my house I have given them a 30 day notice to move they have not paid me June. Also they want there deposit back
Expert:  Marsha411JD replied 4 months ago.

Alright, thank you, ***** ***** you please tell me what your legal question is? Also, what State do they rent in, has their 30 days expired and have you followed the State landlord tenant law rules for notice to pay or quit?

Customer: replied 4 months ago.
In ca I have follow the rules I served them a notice on 31 of may. I received partial payment for rent in June. Also they have me notice they are moving out. I received there notice on 2 of June so there deposite is lost if I don't receive rent for June right?
Customer: replied 4 months ago.
Also by law don't they have to move out first to receive there deposits back ?? Also don't they have to pay me for the last 30 days of June since they are still in the rental and has not informed that they moved out before the 30 days in June?
Expert:  Marsha411JD replied 4 months ago.

Hello again and thank you for your question. I apologize for the delay in getting back to you, I was out of the office for a bit. This is really a landlord-tenant question and not a military law question since it doesn't appear that they are asserting any rights under the Servicemembers' Civil Relief Act. But, in any event, to answer your landlord-tenant question, as long as the tenants are still in the unit, they owe you rent. If they have not paid when they move out, then you can offset your damages for unpaid rent against their security deposit (assuming they didn't pay for last month's rent when they moved in.)

You do though need to make sure that you comply with the timeline and procedures for offset and refund of security deposits under CA law. In summary that is to mail, or personally give, the tenant any deposit they have coming to them along with an itemized notice of offset for damages, including late rent, no later than 21 days after they surrender the unit. You can see much more detail about your process and rules to follow by going to the following link:

Once you have reviewed that information, if you have follow up questions, please ask. If none, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 4 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 23rd. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.

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