Moved out on the 1st of July, Landlord withholding my deposit

[ugoiwuagwu]

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

I am a tenant who gave my months notice to my landlord. I live in a 4 room loft where rooms are rented out seperately and rent on each room is collected on an individual basis. On June 29th, my landlord texts me saying "Your still moving out right." I tell him yes but explain my situation. I explain to him that my new place won't allow me to move in until June 30th and that I work all that day (12 hour shift), I tell him worse case scenario I will have everything out on July 1st and it this is okay. He said he understands and even says "Make that money." I thank him for understanding.

Morning of July 1st, I am moving everything out and meet the new tenant (sweet girl). I talk to her and explain my situation and tell her if she can give me an hour or 2 and I will have everything out and spotless (As I've already cleaned and packed). She says she completely understands and that I can take all the time that I nee (about 2 hours). I continue moving my things out while she goes and moves more of her stuff in. (She had already moved a bunch of her stuff in the living room area the day before). I finish fairly quickly, keys were already left on the table, and she thanks me for being so fast.

Fast forward 3 weeks, I text my former landlord asking when I should expect my deposit back. He tells me that he will not be giving me my deposit back because I "moved out after the first" and because he had to clean the whole loft and my room. I explain to him that I asked you if i could move out on the first and you agreed, moreover if the situation was that pressing you should have just told me and I would have called out sick from work and had everything moved out on the 30th (day before.) A bit of back story, my other housemate got evicted from her room 2 days prior to me moving out because she is extremely dirty. All of her stuff was still in the room, dishes still in the sink and products/mess still in the bathroom. I cleaned up everthing that I was responsible for (as we are on an individual basis), moreover there are still 2 people living there by the time I move out.

So my question is can I sue for my deposit back. It has been 3 weeks, my landlord said that he understands if I have to move everything out on the 1st and, and the lease doesn't specify anything about moving out. My landlord did not send me a statement of mess/damages and I know for a fact that he didn't have to clean my room. I am very upset that he would allow me to move out the 1st and never told me about the other tenant, etc (When I moved in I moved in on the 14th of the month but still paid full rent.) I kind of feel tricked. He even said in a later text, "Yeah I agreed to it, but hey it was your choice."

And secondly, can my landlord sue me for a full month's rent because I moved out on the 1st even though he agreed to it? I talked to the new tenant who was really cool about things (she said she's been in that situation before). Couldn't I technically be her "guest?" Rent is due by the 1st but before the 5th with out any penalties if that matters.

 

[justalayman]

Understanding and accepting you can't move out until the first does not mean you are free from penalty by doing so. Let's exaggerate things a bit. Let's say you couldn't move your stuff out until the 15th although your original last date was June 30. Do you believe there should be no penalty? Apparently the new tenant was scheduled to take possession on the first and could not do so due to your delay.

With that said;

Your landlord has 21 days from turnover to either return your deposit or give an accounting (in writing sent to your last known address) lest he be liable to return the entire deposit. That doesn't mean he cannot still make a claim for damages. It means he must do so in court if you object to the amount withheld.

Given the new tenant lost one days possession and the landlord is liable to credit them only that one day, that is all the rent that can be withheld.

As to the cleanliness of the unit; you would owe costs to clean and repair your private area, if any. Calculating costs attributable to the common areas is more of a problem. If the necessity to clean and repair can be validly placed on you it would be chargeable to you. If others caused the disarray and damages you would have an arguable point you are not liable for the costs.

 

[LdiJ]

Understanding and accepting you can't move out until the first does not mean you are free from penalty by doing so. Let's exaggerate things a bit. Let's say you couldn't move your stuff out until the 15th although your original last date was June 30. Do you believe there should be no penalty? Apparently the new tenant was scheduled to take possession on the first and could not do so due to your delay.

With that said;

Your landlord has 21 days from turnover to either return your deposit or give an accounting (in writing sent to your last known address) lest he be liable to return the entire deposit. That doesn't mean he cannot still make a claim for damages. It means he must do so in court if you object to the amount withheld.

Given the new tenant lost one days possession and the landlord is liable to credit them only that one day, that is all the rent that can be withheld.

As to the cleanliness of the unit; you would owe costs to clean and repair your private area, if any. Calculating costs attributable to the common areas is more of a problem. If the necessity to clean and repair can be validly placed on you it would be chargeable to you. If others caused the disarray and damages you would have an arguable point you are not liable for the costs.

I disagree only on one small point. The new tenant did take possession on the 1st. She was simultaneously moving in as the OP was moving out. They overlapped by a couple of hours only. Therefore the landlord didn't lose anything.

Its also interesting that the OP moved in on the 14th, yet paid a full month's rent. That would tend to indicate that the OP's "month" was the 14th to the 14th, therefore depending on what the lease says, an argument might be made that the OP is due a pro-rated rent refund.

 

[justalayman]

I disagree only on one small point. The new tenant did take possession on the 1st. She was simultaneously moving in as the OP was moving out. They overlapped by a couple of hours only. Therefore the landlord didn't lose anything.

Its also interesting that the OP moved in on the 14th, yet paid a full month's rent. That would tend to indicate that the OP's "month" was the 14th to the 14th, therefore depending on what the lease says, an argument might be made that the OP is due a pro-rated rent refund.

op did not relinquish possession until after the first so no, the new tenant did not have sole possession until the second.
I'm not even going to venture a guess about the moving in on the 14th and paying a full months rent.

 

[xylene]

Understanding and accepting you can't move out until the first does not mean you are free from penalty by doing so. Let's exaggerate things a bit. Let's say you couldn't move your stuff out until the 15th although your original last date was June 30. Do you believe there should be no penalty? Apparently the new tenant was scheduled to take possession on the first and could not do so due to your delay.

This hypothetical is absurd as it is disproportional and doesn't invalidate the op's claim of permission. It is a holder over of weeks not hours. AND if the landlord had agreed to it I would expect there to be no penalty. Though one would reasonably expect proof of an allowed fortnight holdover to be in writing and not a text message.

The landlord agreed to the holdover and suffered no loss.

OP should file a small claims action for the deposit against this shady landlord.

 

[justalayman]

This hypothetical is absurd as it is disproportional and doesn't invalidate the op's claim of permission. It is a holder over of weeks not hours. AND if the landlord had agreed to it I would expect there to be no penalty. Though one would reasonably expect proof of a allowed fortnight holdover to be in writing and not a text message.

The landlord agreed to the holdover and suffered no loss.

OP should file a small claims action for the deposit against this shady landlord.

the landlord could not lock out the existing tenant so he has no choice but to agree but agreement without a statement that it is without charge means it isn't a free ride. My exaggeration was purposeful. It doesn't matter if it one day or 2 weeks, a hold over tenant is a hold over tenant and should expect to pay.

there is no "hours". tenancy is a day by day matter. The tenant even admits to stating he would not vacate until the first.

the penalty is one day since the landlord could not grant exclusive possession to the new tenant until the 2nd of the month. The landlord did suffer (or is liable to the new tenant anyway) for the one day.


If you missed it, I already stated the landlord had but 21 days to send a written notice of the deductions from the deposit along with any balance lest he be liable to return the entire amount. The landlord is able to seek damages as a cross complain though.