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Landlord using Security Deposit to get us to move out

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mrnavey

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

Thanks for your time in helping me out here! I appreciate it :)

So here's the story:

Our lease is from June 14, 2014 - June 14, 2015. This is a house and the landlord only owns this property to rent out, it is not a company. We have been dealing with a realtor though, as the landlord lives out of state and can't deal with matters personally.

We are all going to be out of the house by May 30th and are having it professionally cleaned (out of our pocket) on May 31st. We gave more than 30 days notice saying we are not renewing the lease, there is no question about this. The realtor asked us when we would be out of the house by and we said we didn't know but it would be before the lease termination date of June 14th.

The realtor signed new tenants to move in on June 15th, 2015 a few weeks ago. A few days ago we told the realtor we would all be out by May 31st. This is important as we told her we would be out May 31st AFTER she already signed new tenants to move in June 15th. Had we not been moving out May 31st and stayed the full length of the lease, there wouldn't have even been 1 day where the house was vacant and could be cleaned. The landlord is also replacing the carpets in the house (we were not liable, they were old, have documented proof) and is doing this on the 9th of June. We are NOT get any pro rated rent back for the 2 weeks we will be gone or even the 6 days they need the house for carpet replacement (9th-14th). When I found out they were doing this I got super upset and asked for a pro rated rent. I said that if we don't receive a pro rated rent we will not be vacating the house on the 31st and instead will stay the full term of the lease. I talked to the realtor about this and she told me that she can't make the call and I have to call the landlord.

This is where it gets bad. I called the landlord and told him the same thing I told the realtor, about not moving out unless we get a prorated rent, etc. He got very upset and hung up on me. I called him back (I legit thought the connection dropped, it was spotty throughout the call) and he told me I was being difficult and he refused to talk to me. This was after he said he was gonna take the money out of our SD if we don't move out on the 31st. Unfortunately I don't have any proof of this as it was a phone call and I doubt he would admit to it in an email.

The realtor screwed up. That is 100% clear and she is trying to fix her mistake. Her mistake was assuming we would be out way before the 14th so she could get the house ready for the new tenants. They also didn't pro rate our rent but are practically requiring us to leave. They said we have the legal right to stay in the house but they request us to allow the carpet people to come in and replace the carpet. I said I wouldn't allow it as it would violate my right to quiet enjoyment of the property. They also made some thinly veiled threats about ignoring small blemishes when going through the house if we leave early, basically "if you don't move out early every tiny thing we will bill you for." This wasn't said but to me it was implied. Small blemishes, in my opinion, are normal wear and tear. The house is in the same condition it was before we moved in, minus normal wear and tear. There is video proof (which, by the way, the realtor said I didn't have consent to do) documenting the move in process and written proof of things previously broken or worn out (like the carpet).

The "deal" we made with them to move out on the 31st is that we will receive a check for the FULL SECURITY DEPOSIT on the day we move out with a document saying we are no longer responsible for the house after May 31st. I'm nervous that they will come after us for money after giving us the SD back, but I believe that the implication of giving a SD back in full is that no money is going to ever be taken out for damages. Another thing relating to damages, but not really important, is that I requested the realtor come by and do a pre-move out inspection so we can see what's wrong with the house and fix it before the lease ends. She said that she can't do it because she doesn't know what's wrong with the house and it's the future tenants responsibility and an honor code system to tell her what's wrong with the house. We are entitled to a pre move out inspection in our lease and I feel she is just trying to be lazy.

If you see anything fishy, feel free to bring it up, but my question is this: If we sign a document saying we are terminating the lease 2 weeks early, are we entitled to any of our rent back? I checked the lease and it says if we terminate the lease early we are giving up our rent but I read that the law supersedes anything that violates it in a contract.

Thank you so much!
 


Zigner

Senior Member, Non-Attorney
I didn't read the whole thing, but you owe the LL rent through the end of your lease (June 14th)
 

Zigner

Senior Member, Non-Attorney
They said we have the legal right to stay in the house but they request us to allow the carpet people to come in and replace the carpet. I said I wouldn't allow it as it would violate my right to quiet enjoyment of the property.
I had a bit more time to wade through it and this jumped out at me. They don't need your permission to do this. They can notify you and you would need to allow them in.
 

LdiJ

Senior Member
I actually think that the realtor is being kind of clever here. Most leases go from the first of the month. By having their leases run from the 15th, the realtor is pretty much guaranteed that the vast majority of tenants are going to move out by the first, leaving them with two weeks to get the place ready for the next tenant, while never missing out on any rent.

This time its just backfiring on the realtor.
 

Zigner

Senior Member, Non-Attorney
I actually think that the realtor is being kind of clever here. Most leases go from the first of the month. By having their leases run from the 15th, the realtor is pretty much guaranteed that the vast majority of tenants are going to move out by the first, leaving them with two weeks to get the place ready for the next tenant, while never missing out on any rent.

This time its just backfiring on the realtor.
It really doesn't matter. The lease can start and end on any day of the month that the parties involved agree to. In California, by statute, rent is prorated, so the tenants can give their notice at any point in the month and move out 30 days later (assuming they aren't further restrained by the conditions of a lease.)
 

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