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I am a landlord and I have a tenant who gave me 30 days

I am a landlord...

I am a landlord and I have a tenant who gave me 30 days notice to vacate but then moved out a week later. I then began a renovation of the bathroom./ The tenant now claims that I owe them pro-rated rent for the period of the renovation. I belive that, because they moved out, I have a right to renovate based on this guidance from the department of consumer affairs. "You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)" Am I in the wrong?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No

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Answered in 9 minutes by:
11/17/2017
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,083
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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No, you are in the right here... If the tenant paid for the entire month, then they wouldn't have to move out before then. But if they chose to do so and returned the keys, that is up to them, but you don't have to refund their money.

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Only if you immediately re-rented the place would you owe them a refund because you can't collect double rent on the place.

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thanks

Barrister

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Customer reply replied 7 months ago
They did not return the keys but had substantially moved out. There were a few pictures on the wall but I no beds. They did not inhabit the place durring the renovation peiriod. I also have texts indicating that they had moved. Does it still seem that I am on solid ground?

Ok, that presents a problem because if they didnt' return the keys, they hadn't legally surrendered possession and had the right to just let the place sit empty for the rest of the month if they wanted to.

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So that changes things entirely because they can claim that you doing the demo and remodeling violated their rights to sole use and possession and quiet use and enjoyment of the property during the lease term.

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That means that the tenant now has legal grounds to demand any prepaid rent back from the time you retook possession and began renovations.. You can't be working on the place on the tenant's dime..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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Sorry about the change, but details are everything under the law..

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thanks

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,083
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 7 months ago
Thanks! It looks like we misinterprited the department of consumer afairs guidance. Thanks

You are very welcome. Happy to help any time, even though the news was kind of lousy

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

.

Have a great evening!

Barrister

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