Landlord refusing to return deposit OR trying to make me pay last month's rent TWICE

[PRSantos]

What is the name of your state (only U.S. law)? San Mateo County, California.

My situation:

Move-in day was August 7.
At the time of move-in, I was required to pay first month/August's rent of $650, which I did in cash. Landlord also required another $750, which she said, at the time was for last month's rent, plus the extra $100 for the fees from cleaning the room before I moved in. I gave that $750 portion in a check, with "Last month and cleaning" written as it's memo.

Fast forward to February 7. On Feb 7, I paid rent of $650 and gave Landlord 30-day notice that I was planning to move out.

March 7 comes around, and Landlord is having me pay rent for "last month." Landlord says she made a mistake, and the inital $750 was really for deposit, which she'll take from if the room needs anything fixed or cleaned. So, I paid $650 for March, but did not stay there at all, not even one night.

Now, April 7, 30 days later, Landlord is refusing to give me any more than $200 back. Am I entitled to anything?

Other details that may be relevent --
I have paperwork and receipts that show I was moved into and paying rent at the new place by March already.
I have receipts for every month I paid rent, including the alst month that I did not stay there.
For any "damage" she might find, she says she will ask herneighbor to fix and we'll pay whatever he charges. Should I be asking quotes from actual, reputable palces?

Any help would be great. Thanks!

 

[Banned_Princess]

What is the name of your state (only U.S. law)? San Mateo County, California.

My situation:

Move-in day was August 7.
At the time of move-in, I was required to pay first month/August's rent of $650, which I did in cash. Landlord also required another $750, which she said, at the time was for last month's rent, plus the extra $100 for the fees from cleaning the room before I moved in. I gave that $750 portion in a check, with "Last month and cleaning" written as it's memo.

was there a lease? did you get a receipt for the cash?

Fast forward to February 7. On Feb 7, I paid rent of $650 and gave Landlord 30-day notice that I was planning to move out.

how did you give this notice?

March 7 comes around, and Landlord is having me pay rent for "last month." Landlord says she made a mistake, and the inital $750 was really for deposit, which she'll take from if the room needs anything fixed or cleaned. So, I paid $650 for March, but did not stay there at all, not even one night.

were you renting only a room in a private home?

Now, April 7, 30 days later, Landlord is refusing to give me any more than $200 back. Am I entitled to anything?

well, what do you have to show the space was clean and the only thing wrong was wear and tear, (pictures) how long were you there? less then a year?

Other details that may be relevent --
I have paperwork and receipts that show I was moved into and paying rent at the new place by March already.
I have receipts for every month I paid rent, including the alst month that I did not stay there.
For any "damage" she might find, she says she will ask herneighbor to fix and we'll pay whatever he charges. Should I be asking quotes from actual, reputable palces?

Any help would be great. Thanks!

I wish I would have read your whole post before answering.

did she write to you to tell you about what she is holding and why?

 

[justalayman]

If the LL retains any deposit, they must send you a written list of the damages that resulted in the deductions from your deposit. The have (I'm pretty sure) 21 days to present it to you. Have they provided such a list?

was this a written lease? Was it for a fixed term or simply month to month? Did it state how much notice you had to provide when terminating the tenancy?

I don't understand why you paid for March rent. You would have owed about $217 for mar 1-10 but you were not obligated to pay beyond that (with the thought it was a month to month with no more than 30 days notice required)

 

[FarmerJ]

Your reciepts at move in , does the one say last months rent ? not sure why you paid rent for days beyond your notice time . but if a written lease you had with the LL called for one whole rental period of notice instead of 30 day then it would make sense . Bottom line if your ll doesnt follow your states law for deposit dispositions or does a real bad job on the break down your certainly free to use small claims court to have them review it and decide if the LL was fair, if your rcts say last month was paid make sure to bring them to court to show them too.