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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
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I was a tenant (California) for 2 years and purchased the

Customer Question

I was a tenant (California) for 2 years and purchased the home from the landlord. There was no security deposit. I paid the last month's rent in full but escrow closed on the 14th of the month. What California civil code provides that the landlord returns my overpaid rent? Or under what legal terms can I demand that my prorated rent be returned.
Submitted: 21 days ago.
Category: Real Estate Law
Expert:  Barrister replied 21 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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This isn't a Code issue, this is a simple breach of contract issue. If the seller was not the legal owner after the 14th, then they have no legal right to retain any additional rent paid and would have to refund it to the new owner, i.e. you.

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So you would sue them in small claims court under a breach of contract and "unjust enrichment" claim. Unjust enrichment is when someone receives a benefit that they are not entitled to, then they have to repay it or pay for it.

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The limit in CA small claims is $10K and you don't need an attorney to represent you. The clerks will have the summons and complaint forms you need to file and will help with getting the seller served with the summons..

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thanks

Barrister