Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi, My name is XXXXX XXXXX my goal is to provided you with Excellent Service,
If your lease clearly states that upon expiration of the current lease term you become a month to month tenant with a right to vacate upon giving 30 days notice, the landlord cannot withhold your security deposit, or read into the lease clauses and conditions which are not there. Give the landlord 30 days written notice as provided in the lease and demand the return of your security deposit within 21 calendar days days of your vacating the property. California law provides that a landlord has 21 days to return the tenant's security deposit, or provide the tenant with an itemized list of things which have to be repaired resulting from any damage done by the tenant. If the landlord fails to return the tenant's security deposit within 21 days, California law also provides that when the tenant sues the landlord for the return of his deposit, a penalty of two times the security deposit shall be payable to the tenant.
Be sure to leave the apartment spotless so that the landlord has no excuse to withhold your security deposit. It would also be a good idea to take pictures of all the rooms the day that you leave so that there is no question that you did not create any damage for which he can withhold the rent.
When giving your 30 days notice, make sure you count from the first day of the month. For example, if a tenant wants to vacate the property on August 15, the tenant would have to give his 30 days notice on July 1 at the very latest (not July 15).
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
I should have also mentioned that a tenant must return possession to the landlord in the same condition as the property was given to him, ordinary wear and tear excepted. This means that the landlord cannot deduct things like wear and tear of the carpet, or smudges on the walls because that is part of "wear and tear" during the course of the tenant's occupancy and is to be expected.
I see that you have had the opportunity to review my Answer. Is there something that I can clarify for you? If not, please be kind enough to rate my service to you so that I can receive credit for researching your question and furnishing you with Answers and information, otherwise I will not receive credit for assisting you. The deposit you made is with JustAnswer and it will not cost you anything additional to rate my service to you, but without a rating, I do not receive credit for my time and effort. Thank you for understanding,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).