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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33726
Experience:  15 years real estate, Realtor. Landlord 26 years
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Landlord selling home I'm renting - gave us notice on 5/15/15

Customer Question

Landlord selling home I'm renting - gave us notice on 5/15/15 and lease is up on 7/17/15 - only in home for 1 yr. Can we request security and pet deposit prior to the 17th? We need $ to deposit for new rental (moving expenses) can we request this from Landlord? Do I need to pay final rent for July or can I hold?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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""an we request security and pet deposit prior to the 17th? We need $ to deposit for new rental (moving expenses) can we request this from Landlord?""
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You can request it, but legally the landlord wouldn't have any legal obligation to agree and only has to refund any deposit or make claims against it within 21 days after you vacate under CA law. The security deposit is legally used for any physical damages to the property first, then for any late fees or charges, cleaning, and delinquent rent.
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So if the landlord allowed you to use the deposit as rent, then he has nothing in reserves to cover any costs once you vacate if there are damages or other costs.
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I am not saying that the landlord wouldn't agree to it, just that they don't have to.
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""Do I need to pay final rent for July or can I hold?""
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Legally yes, if you didn't pay, the owner can give you a 3 day notice to pay or vacate and then pursue a formal eviction action called an "unlawful detainer" in court if you didn't pay. That could seriously affect your ability to rent elsewhere if the landlord sees that you have had an eviction action filed against you.
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thanks
Barrister

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