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60 day Notice to Vacate - Issue of Prorated Rent

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pamypsoup

Junior Member
What is the name of your state? CA

I have a couple questions. Our landlord presented us with a 60 day Notice to Vacate. The last day in our house is October 3. Since he presented the notice to us - and we plan to vacate Sept 15 - are we responsible for rent for the full month of September? I asked my landlord this and she said yes - and that any overpaid rent will be returned to us. But that does not sound right to me since we will not be residing in the house after Sept 15. We have always been on a month to month and have lived there 4 1/2 years. Mind you the amount of rent they expect us to pay and be remburised back is $681.28.
A large amount to overpay I feel. We also have 1650.00 on a security deposit.

Second question - I requested a pre-inspection from our LL and she suggested that it is done this next week. I told her that all of our stuff is still in the house and there are all kinds of stuff all throughout the house (I mean we still have to live and work before out move out date) and the carpet can't be possibly cleaned with all the stuff still in there. She said we can still inspect the house for damages and you can just state the carpets be cleaned. My feeling is that a pre-inspection should be done with all tenant belongings out of the house and the place cleaned so that a good inspection can be conducted. I feel that to much could be discovered by "LL" and trumped up charges could detain some of our large security deposit if all is not viewable upon inspection. Mind you I plan to take pictures and video of the home upon move out - just like I did upon moving in. Anyones thoughts on this?

Thanks in Advance
Pamela
 


I'm unfamiliar with CA laws, as they differ so much from TX. It does seem unfair for her to be able to charge you the rent for all 60 days if you're willing to be out sooner, but legally I don't know where you stand on that. Just out of curiosity, why are they asking you to move out?

As for the "pre-inspection"......I agree that an inspection - the OFFICIAL inspection - needs to be done after you and all of your belongings are out. But if she wants to come through now and give you a heads up on anything I don't see the harm in it. That's what I would consider a "pre-inspection" to be, if someone asked me for one. That way during the actual inspection there shouldn't be any surprises - she can tip you off to what she expects to be done now.

Good luck.
Karla in Amarillo
 

south

Senior Member
You are responsible to pay for the full 60 days, if you want to leave before that is up to you still does not change the fact you are liable for the full 60 days.

The agreement states either party is required to give 60 days notice.

You could try asking your landlord he may be happy to let you go early and pro-rate but he is still entitled to his 60 days if he puts his foot down.




pamypsoup said:
What is the name of your state? CA

I have a couple questions. Our landlord presented us with a 60 day Notice to Vacate. The last day in our house is October 3. Since he presented the notice to us - and we plan to vacate Sept 15 - are we responsible for rent for the full month of September? I asked my landlord this and she said yes - and that any overpaid rent will be returned to us. But that does not sound right to me since we will not be residing in the house after Sept 15. We have always been on a month to month and have lived there 4 1/2 years. Mind you the amount of rent they expect us to pay and be remburised back is $681.28.
A large amount to overpay I feel. We also have 1650.00 on a security deposit.

Second question - I requested a pre-inspection from our LL and she suggested that it is done this next week. I told her that all of our stuff is still in the house and there are all kinds of stuff all throughout the house (I mean we still have to live and work before out move out date) and the carpet can't be possibly cleaned with all the stuff still in there. She said we can still inspect the house for damages and you can just state the carpets be cleaned. My feeling is that a pre-inspection should be done with all tenant belongings out of the house and the place cleaned so that a good inspection can be conducted. I feel that to much could be discovered by "LL" and trumped up charges could detain some of our large security deposit if all is not viewable upon inspection. Mind you I plan to take pictures and video of the home upon move out - just like I did upon moving in. Anyones thoughts on this?

Thanks in Advance
Pamela
 

south

Senior Member
Most landlords if their head is screwed on will not do a pre-inspection or do an inspection with tenant standing there hounding an arguing every point.

Pre-inspections 9/10 will cause big problems with collecting rent, arguments, threats delays in leaving to chip into the security deposit etc etc.

Pre-inspections also do not let you see all the problems; furniture and pictures are used to cover problems up.

Wait until you collect the last months rent and then a few weeks prior to their move out, give them a move out instruction sheet check list which covers cleaning, damage etc

Let them go first so you have a clear unit then list damage etc if they want to come back and have a look no problem, you all ready gave them a move out check list so there is no excuse for damage filth etc.

Another problem with tenants doing their own repairs is it is normally an un-professional finish/cover up, I have seen walls filled and left as lumps, punched holes in doors left with a piece of plywood glued on top and painted, etc





txlandlady said:
As for the "pre-inspection"......I agree that an inspection - the OFFICIAL inspection - needs to be done after you and all of your belongings are out. But if she wants to come through now and give you a heads up on anything I don't see the harm in it. That's what I would consider a "pre-inspection" to be, if someone asked me for one. That way during the actual inspection there shouldn't be any surprises - she can tip you off to what she expects to be done now.

Good luck.
Karla in Amarillo
 

pamypsoup

Junior Member
Need Clarifcation - Why I am responsible for the full 60 days

South,

You answered my post an stated that I was still responsible for the full 60 days and that

"The agreement states either party is required to give 60 days notice"

I am not sure that it states that I have to give 60 days - here in CA they tenant only needs to give 30 days - but I figured since they were terminating my tenancy - that I could move out anytime in that 60 day time frame and only pay for the days that I would occupy the residence. Can you give me a reference to further check out the law in regards to this matter - is there any civil code or such I could review in regards to this? I could be wrong in this.

For the person that asked why did we get a 60 notice to vacate prolly was a few things:

1. Unauthorized animal on the premsies - watching my brothers dog (Welsh Corgie) as he went to prison. Pets are allowed - but I guess I should have told him. We have an authorized golden retreiver already approved.

Any help appreciated
Pamela
 

SDlandlord

Junior Member
Unless your month-to-month rental agreement states otherwise, you can give your landlord a written 30 day notice.

Assuming you do the written notice, you are only responsible for pro-rated rent through your last day of possession. Pro-rated (daily) rent is calculated by dividing the monthly amount by 30 days, regardless of the actual number of days of the month in question.

California law provides that the tenant can (but does not have to) request a pre-moveout inspection which is to be completed during the last two weeks of tenancy. The tenant can still be held responsible for damage/defects not discovered during that inspection or that occur after the inspection. Its basically a chance for the tenant to get a heads up on what the landlord may be concerned about.

Unless its in your rental agreement, California law does not specifically give the landlord a right to inspect. However, if you decline the pre-moveout inspection, there are many legitimate reasons a landlord can enter (with 24 hour notice) and essentialy accomplish the same thing.

Check your library or bookstore. Nolo Press puts out excellent guides for both tenants and landlords specifically tailored to California law. Be sure to get the latest edition.
 

pamypsoup

Junior Member
Conflicting Text on 60 Day Notice of Termination of Tenancy

Hello Again....

Today I scanned the front page of the 60 Day Notice of Termination of Tenancy - and I am confused - one page talks of payment of pro-rated rent and another says something else. Here is the text that confuses me:

TO: xxxx Tenants
AND ALL OTHER OCCUPANTS. TENANTS, AND SUBTENANTS IN POSSESSION OF THE TENANCY PREMISES
PROPERTY ADDRESS: AnyStreet
NOTICE IS HEREBY GIVEN that pursuant to California law, your occupancy and tenancy of the above-described tenancy premises is terminated as of sixty days from the date stated below. You are hereby required to deliver up possession of said tenancy premises to the Owner, Landlord, or his/her Authorized Agent not later than 60 days from the date of service of this notice.
Your failure to comply with the foregoing will result in legal proceedings being instituted against you to recover possession of said premises for UNLAWFUL DETAINER. Also, such proceedings could result in a judgment against you for unpaid rent, costs of suit, necessary disbursements, damages, attorneys fees (if you have a signed, written rental agreement allowing for attorneys fees) as well as statutory damages for such unlawful detention, and to declare a forfeiture of the lease or rental agreement, if any, under which you occupy the above-described tenancy premises.
Under no circumstances will this Sixty Day Notice of Termination of Tenancy be waived, canceled, discharged, revoked, rescinded, invalidated, or withdrawn without a signed, written document from the landlord expressly and specifically stating that this Sixty Day Notice of Termination of Tenancy notice is either waived, canceled, discharged, revoked, rescinded or withdrawn. No verbal promise, statement, representation or conduct by landlord, owner, or the authorized agent of either, will be considered as a waiver, cancellation, discharge, revocation, rescission, invalidation, or withdrawal of this Sixty Day Notice of Termination of Tenancy with which you are being served.
You are herewith also notified that you have the right to request an initial inspection of your unit and be present during the inspection. The purpose of this inspection is to allow you the opportunity to correct any deficiencies in the unit, before the termination date identified in this notice, in a manner consistent with the rights and obligations of the parties under the rental agreement in order to avoid deductions from the security deposit, if any, for reasonable and necessary cleaning to return the residential tenancy premises to the same level of cleanliness it was in at the inception of the tenancy and/or for reasonable and necessary repair of damages exclusive of ordinary wear and tear caused by the tenant or by a guest or licensee of the tenant. Contact the Landlord or Authorized Agent for the landlord to request an initial inspection. If you do not make such a request, there will be no duty on the part of the landlord or agent to conduct a Pre-Termination Inspection. The inclusion of this paragraph is not to be construed by you as an acknowledgment or admission that you have in fact paid a security deposit to the landlord.

YOU ARE STILL RESPONSIBLE FOR THE DAILY PRO-RATED RENT THAT BECOMES DUE THROUGH THE EXPIRATION DATE OF THIS "60 Day Notice of Termination of Tenancy."

That above sentence - is conflicting - talks of pro-rated rent but then states still have to pay rent through the expiration date of the notice. If I am still repsonsible for the rent during the time of this expiration notice - why even talk about pro-rated?

Any help is appreciated!
Pamela
 

longneck

Member
pamypsoup said:
YOU ARE STILL RESPONSIBLE FOR THE DAILY PRO-RATED RENT THAT BECOMES DUE THROUGH THE EXPIRATION DATE OF THIS "60 Day Notice of Termination of Tenancy."

That above sentence - is conflicting - talks of pro-rated rent but then states still have to pay rent through the expiration date of the notice. If I am still repsonsible for the rent during the time of this expiration notice - why even talk about pro-rated?
pro-rated if your termination notice ends part-way through the month.
 

treese

Senior Member
Longneck is correct. Some states require that a 30 or 60 days notice coincide with the next full rental period.

California LL/T Law allows notices to be given any time during the month. Therefore, if you received the notice on August 3rd, the date you would have to vacate by would be October 3rd. You pay pro-rated rent for the 3 days in October.
 

south

Senior Member
I concur with longneck in other words if you paid up to the 31st and your 60th day falls on the 3rd you still have to pay for the 3 days.


longneck said:
pro-rated if your termination notice ends part-way through the month.
 

ENASNI

Senior Member
sheesh

Sheesh guys I coulda cleared this up already.. but you guys got it straight finally.
Do I have to go on vacation on a day when a Californian posts?


Miss ya.. gonna be gone.. want me to post a funny cartoon to liven up things?
 

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