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Question

I have a month to month lease for a room in a house and initially paid first and last. I gave notice and was told I would have to pay this months rent even though he already had the last months rent. He said I would recieve my money 2 months after I depart. He has a warrant out for his arrest due to unpaid bills. I fear I will never get two months rent back from him. After a couple of months there was no laundry facilities as they broke and he didn't fix them. I have delt with a lot of verbal harassement and I just want out fast and clean at this point. I wasn't even told that there was an additional tenant and that the landlord would sleep on the couch day and night when cold rather than the garage. I have two men pressuring me and I want a "safe" out. Thank you for your advice.

Submitted: 237 days and 2 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Ojai, California

Already Tried:
the landlord text messaged me that I had to comply and pay this last months rent and would not apply the initial money I gave him to cover the month. He also said I would recieve it in four weeks after my last day of vacating the premises. He did not mention the amount and I know he isn't going to be fair as that has been his policy to date. He says inappropriate things and that has gone on since day one. I have spent my time living in my room because of this and now I can't even get out fairly. I have keep my end of the bargain and have been an ideal room mate.

Posted by Christina Fortunato, Esq. 237 days and 2 hours ago.

Answer

Hi lookinforhelp,

If this is your last month, you absolutely do not have to pay for it again! And you should know that a lot of landlords do not refund the deposit money, even though they are supposed to. They get away with it by claiming that the apartment sustained damage (even if it is a lie) and the money needs to be used to fix that damage.

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Thank you!

237 days and 2 hours ago.

Reply

So there will be no legal repercussions if I just leave and do not give him the additional rent?   I gave him notice verbally of my leaving but should I put it in writing? Does it matter it is a couple of days later? I feel like I have to cover everything in his case. I can't thank you enough already just to have someone on my side helping me!

Accepted Answer

Although you do not have to give notice, it is the courteous thing to do, and it will help you if he tries to claim that you did not move out at when you did. Since you do not have to give notice, you do not have to put it in writing, but it can't hurt to do so, because, again, it can help to prove that you moved out when you said you did.

Yes, it does matter if you leave a couple of days later than the end of the rental term. Technically, if you remain even one day past the end of the rental term, you are liable for the next month's rent - in your case, it would mean that he would not have to refund your deposit.

If I have fully answered your question, please click on the "ACCEPT" button, as per your agreement with "JUST ANSWER." If you need further information, please let me know.

Thank you!

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Expert: Christina Fortunato, Esq.
Pos. Feedback: 99.6 %
Accepts: 876
Answered: 3/17/2009

Attorney

Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker

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