California: Our tenants text us that they are vacating our rental property in 7 days!
This is a discussion on California: Our tenants text us that they are vacating our rental property in 7 days! within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Our tenants had text us Mon Apr. 23, 2012 stating: we will be vacating the premises no later than April ...
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#1 |
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Junior Member
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Join Date: Apr 2012
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Our tenants had text us Mon Apr. 23, 2012 stating: we will be vacating the premises no later than April 30, 2012 @ which time I will surrender possession of the keys. I would like to get clarity on the time frame of the deposit refunding.
This was the first of our knowledge that they were even intending of moving any time soon. So we responded back with a text that they needed to give us a 30 day written notice of their plan to vacate and that they were still responsible for paying the last months rent in full. We also added that we would pursue security deposit proceedings after they moved their belongings out and after the 30 day rental period was exhausted. We then emailed them a California Tenant Notice to end Tenancy statement of the proper laws of notice to a Landlord. We then received an email from them Tues. April 24, 2012 stating the following: As you can see in the first paragraph they apparently made an error in the date stating their vacating by April 1, 2012 when instead it should have been May 1, 2012. 2.) As far as we can again they are not giving us an official 30 day notice 3.) They are wanting the remainder monies of the days they are not there, again only a 23 day notice 4.) They are assuming they should get their full security deposit back. They did give a security deposit March 15, 2009 which clearly states that the deposit is for security purposes only not the last months rent. The $100 pet deposit they are referring too was for 1 dog only but they actually had 2 up until just 2 months ago claiming it was not their dog, they were just dog sitting for a year or so. The contract stated there would be a refund on the basis if there were no pet damages and only 1 pet . Unfortunately that was not the case and there are pet damages so we never refunded them that $100. There are also other damages in our home not from pets that were noticed from our yearly walk throughs. At this point we have not responded to their email request and would like legal guidance as to what recourse we do have with getting our last months rent and how do we move forward in addressing their email requests from here? Thank you for your guidance... |
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#2 |
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Top Level Member
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Join Date: Dec 2008
Location: USA
Posts: 2,059
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By not providing a valid 30 day notice you can charge then one months rent.
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#3 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,551
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I wish to inform you that you may give a written reply to the tenant that they are to give a 28 day notice in case of daily or weekly rental payment and 60 days notice in case of monthly rental payment. If the notice period is short of the prescribed period then they will have to pay rent till the day a new tenant occupies the premises or the last day the notice period comes to an end. California law permits the landlord to use a tenant's security deposit for 4 purposes - unpaid rent; cleaning the rental unit when the tenant moves out;
repair of damages, other than normal wear and tear; and if the lease or rental agreement permits then for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear. AFF |
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#4 |
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Guest
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You lease or rental agreement should have covered using the security deposit to repair or replace damages, outside-of-normal wear and tear, and then be applied to whatever arrears there are (i.e. back rent).
In CA, you may NOT use the SD as rent, with the exception noted above. The SD is separate from rent, and would only be used as such after a settlement statement is completed and if the tenant's accounting is in arrears. Once you receive the keys, it is assumed the tenants have vacated and that day is their last day. The next day begins the 21-day period by which a sec settlement statement and any monies owed the tenant should be mailed. |
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