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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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We rented an apartment from a Landlady in Oakland . We moved

Customer Question

Hello, we rented an apartment from a Landlady in Oakland . We moved in on July 10, 2015 and paid a pro-rated rate for the month of July. I have also paid a huge security deposit for the apartment. I have five different letters documenting our rent for July, but on our lease she says we have to pay for the full rent ( not pro-rated amount) until August 1st. We were planning on leaving July 1st., thus giving her time to rent the apartment again. Otherwise we will have occupied the apartment for 13 months instead of twelve as the lease states...we gave her 30 days notice on May 30th. We dont know what to do or how to get our security deposit back. I calculated that a pro-rated payment until July 10th is $770.00 Frankly she has a terrible reputation on Yelp, but we have been good tenants and we did not think she would be this bad. Who is right? Is it July ti July? Or August to August. (We had to move in in July because she would not hold the apartment)
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

The terms of your lease are going to be controlling here (the specific is controlling over the general). If your lease says that the 12 month lease ends on August 1, that is the end date for the lease.

However, if you vacate the unit before this time, you do owe until (1) the end of the lease term (so until Aug. 1); or (2) until the landlord finds a new tenant to begin renting the unit - whichever occurs first.

The landlord must make reasonable efforts to rent the unit (market the unit, and not turn down reasonably qualified tenants).

She is entitled to hold your security deposit until the end of the lease term (not the date you move out, but until the lease is ended (so either Aug. 1, or when a new tenant moves in - whichever happens first). At which point she has 21 days to return your deposit minus deductions (for unpaid rent and any itemized damages beyond "normal wear and tear").

Expert:  CalAttorney2 replied 1 year ago.

(For information on your account and any billing for the service, please contact our customer service at:, my apologies for the inconvenience).