If landlord did not do a pre-inspection, do I have to show that damage was present before I moved in?

[jamesnobles]

Can someone please answer a follow-up question for me. I signed a 90 day lease on 4-5-20 but did not move in or pay until 4-11-20. I am in the process of writing my 30-days notice of my 90 day lease. Is my lease 90 days from 4-5 or from 4-11? The lease does not appear to say otherwise but it does say "Tenet agrees to rent this dwelling on a month-to-month basis for a minimum or three months...". I want to move out as soon as possible but I do not want to responsible for back rent if I move out a week early (in the courts eyes). A week equates to $420.

Thanks

edit: If I ask the landlord they will almost certainly say 90 days from the move in date just because it is money favorable to them and not because it is lawful.

 

[PayrollHRGuy]

Can someone please answer a follow-up question for me. I signed a 90 day lease on 4-5-20 but did not move in or pay until 4-11-20. I am in the process of writing my 30-days notice of my 90 day lease. Is my lease 90 days from 4-5 or from 4-11? The lease does not appear to say otherwise but it does say "Tenet agrees to rent this dwelling on a month-to-month basis for a minimum or three months...". I want to move out as soon as possible but I do not want to responsible for back rent if I move out a week early (in the courts eyes). A week equates to $420.

Thanks

edit: If I ask the landlord they will almost certainly say 90 days from the move in date just because it is money favorable to them and not because it is lawful.

It isn't like they could rent the apartment to someone else between 4/5 and 4/1. How often do you pay? When did you pay for the first time and how much?

 

[LdiJ]

Can someone please answer a follow-up question for me. I signed a 90 day lease on 4-5-20 but did not move in or pay until 4-11-20. I am in the process of writing my 30-days notice of my 90 day lease. Is my lease 90 days from 4-5 or from 4-11? The lease does not appear to say otherwise but it does say "Tenet agrees to rent this dwelling on a month-to-month basis for a minimum or three months...". I want to move out as soon as possible but I do not want to responsible for back rent if I move out a week early (in the courts eyes). A week equates to $420.

Thanks

edit: If I ask the landlord they will almost certainly say 90 days from the move in date just because it is money favorable to them and not because it is lawful.

When did you pay the first month's rent? On the date that you signed the lease, or on the date that you moved in?

 

[quincy]

It is not when you sign your lease but the date that the rental is yours to move into that matters. Many tenants sign leases months in advance of the day and date the rental becomes available.

Your lease should have the date on it, the day you become responsible for rent.

 

[jamesnobles]

It isn't like they could rent the apartment to someone else between 4/5 and 4/1. How often do you pay? When did you pay for the first time and how much?

I started paying rent on the 11th the day I moved in but I left a deposit the day I signed the lease.

 

[jamesnobles]

It is not when you sign your lease but the date that the rental is yours to move into that matters. Many tenants sign leases months in advance of the day and date the rental becomes available.

Your lease should have the date on it, the day you become responsible for rent.

The lease was poorly written if you ask me. It does not specify aside from that excerpt I put in the earlier message from today.

 

[Zigner]

I started paying rent on the 11th the day I moved in but I left a deposit the day I signed the lease.

What day is rent due?

 

[jamesnobles]

When did you pay the first month's rent? On the date that you signed the lease, or on the date that you moved in?

I paid the first months rent on 4-11 when I physically moved in.

What day is rent due?

The rent is due on the first day of the month but I paid a prorated amount the day I moved in.

 

[Zigner]

I paid the first months rent on 4-11 when I physically moved in.

The rent is due on the first day of the month but I paid a prorated amount the day I moved in.

Then the 1st is the day you use for calculating things. The lease is very poorly writtten. The good thing is that, when there are ambiguities in the document, they are usually held against the one that drafted the document.

 

[quincy]

I paid the first months rent on 4-11 when I physically moved in.

The rent is due on the first day of the month but I paid a prorated amount the day I moved in.

When were you given the keys?

Generally, a lease will start on the day the tenant is given access to the unit, even if the tenant does not move into the unit at that time. The lease should say something like, “The term commences on X date (beginning date) to end on X date (ending date).”

Even though the beginning date of the lease might be after the first day of the month, rent is generally due on the first of every month. The rent is adjusted for the late beginning start date and for the early ending date.

Your 30-day notice should be given 30 days before the ending date of your lease.

 

[zddoodah]

Is my lease 90 days from 4-5 or from 4-11?

We haven't seen it, so we have no way of knowing. Typically, residential leases for a specified term are very clear about the start and end dates.

The lease does not appear to say otherwise but it does say "Tenet agrees to rent this dwelling on a month-to-month basis for a minimum or three months...". I want to move out as soon as possible but I do not want to responsible for back rent if I move out a week early (in the courts eyes). A week equates to $420.

I'm not sure I fully understand this or your concern, but if it just says "minimum of three months" and nowhere specifies the start date, then it could be construed as either date, and no one here can confirm which will be the result. Worst case scenario is that you're on the hook for six more days' worth of rent than you'd like. How much could that be?

 

[quincy]

... Worst case scenario is that you're on the hook for six more days' worth of rent than you'd like. How much could that be?

$420.

 

[jamesnobles]

I am finding it difficult to assert myself with my landlords. I have expressed my desire to clean the unit myself but they insist that they have a team they use to clean and they are doing it on my dime (the $200 from my security deposit). I know my rights and I want to assert them but I find it difficult to speak out against a husband and wife team which seems to be bullying me into spending deposit funds when I would rather clean myself. I drafted a message to send and I have pasted it below. What do you guys think about the message and do you find it difficult to speak up for yourself in times like this?

Note to landlords:
I can appreciate your desire to keep things the way they might have been in the past but waiving my rights is not something I had in mind. I know what the contact states but unfortunately it goes against CA law. For the sake of keeping things civil and fair I would like the opportunity to bring the unit to the condition it was when I moved and avoid any unreasonable deductions.

 

[quincy]

I am finding it difficult to assert myself with my landlords. I have expressed my desire to clean the unit myself but they insist that they have a team they use to clean and they are doing it on my dime (the $200 from my security deposit). I know my rights and I want to assert them but I find it difficult to speak out against a husband and wife team which seems to be bullying me into spending deposit funds when I would rather clean myself. I drafted a message to send and I have pasted it below. What do you guys think about the message and do you find it difficult to speak up for yourself in times like this?

Note to landlords:
I can appreciate your desire to keep things the way they might have been in the past but waiving my rights is not something I had in mind. I know what the contact states but unfortunately it goes against CA law. For the sake of keeping things civil and fair I would like the opportunity to bring the unit to the condition it was when I moved and avoid any unreasonable deductions.

If you find it difficult to speak up for yourself, I recommend you have an attorney speak on your behalf.

 

[Just Blue]

Clean the apartment top to bottom and steam clean the rugs/floors. Take extensive video including the interior of the fridge, oven, cabinets, closets ...etc. Make sure the place is sparkling clean. If the LL withholds a cleaning charge sue him/her in small claims court.