Recovery of deposit!!!

[spicybabes]

What is the name of your state CA
I gave my landlord my 30 days notice a month later he did send me back some of my deposit but he deducted 2 days from my deposit stating that I over stayed. After looking at my 30 days notice I noticed that I haven't for the simple reason is since my last day end up on Saturday that gives me up to Monday.

In my 30 days notice letter to the landlord I specifically told him that my 30 days will start from the 17 of the month which bring my 30 day to Sat.

My question is since the notice letter was typed on the 16, does anyone knows if he can take the date form the letter and not what I wrote to him, because then if he has the right in doing so, then I over stayed. Can anyone help!! Thanks and Happy Holiday to all.

 

[treese]

You overstayed. You were supposed to be out on Saturday, the 17th.

Just because the termination date lands on a Saturday does not give you the right to remain until Monday. You held over.

 

[HappyWanderer]

I agree with tresse. While there are many legal notifications and other legal requirements which are tolled based on a weekend, your contractual obligations are not.

 

[Searchertwin]

What is the name of your state CA
I gave my landlord my 30 days notice a month later he did send me back some of my deposit but he deducted 2 days from my deposit stating that I over stayed. After looking at my 30 days notice I noticed that I haven't for the simple reason is since my last day end up on Saturday that gives me up to Monday.

In my 30 days notice letter to the landlord I specifically told him that my 30 days will start from the 17 of the month which bring my 30 day to Sat.

My question is since the notice letter was typed on the 16, does anyone knows if he can take the date form the letter and not what I wrote to him, because then if he has the right in doing so, then I over stayed. Can anyone help!! Thanks and Happy Holiday to all.

Lets look at it this way. You rent a car and it is due back in saturday. Would you wait till Monday to turn it back in? NO, because you know you would be charged for two more days. You overstayed and he is charging you for the two days.

 

[spicybabes]

OK! then how much can he deduct?

 

[sandyclaus]

OK! then how much can he deduct?

That depends. It could be as simple as taking your monthly rent and dividing by 30 to come up with a daily rate x the # of days you overstayed.

Depending on how your lease is written, some allow for a significant rent increase on holdovers - as much as 2x the monthly rent on the original lease term. Read that lease! If this is the case, take that higher rent amount, divide by 30 to get that daily rate x the # days you held over.

Last, some states allow a full month's rent to be charged in the case of a holdover.

Apply whichever situation fits your situation.

 

[spicybabes]

I still can not understand I always taught since Saturday is a non-business day, then that day is not counted and neither is Sunday. The third day would be Monday!!! It work for everything else and not for the landlords!!!

 

[sandyclaus]

I still can not understand I always taught since Saturday is a non-business day, then that day is not counted and neither is Sunday. The third day would be Monday!!! It work for everything else and not for the landlords!!!

Lots of businesses operate on weekends. Not just landlords.

Whoever told you that property rental contracts aren't enforced on weekends gave you bad advice. Your assumption is going to cost you.

How about you just
accept the fact that you owe the additional money due to applying inaccurate information to the situation and move on?

 

[spicybabes]

Well!! I checked with the California landlord/tenant very interesting because if I read the Civil Code of CA, you are all WRONG! Here what it says

If landlord/Tenant give the 30-days notice on July 16, you would have
begin counting the 30 days on July the 17, the 30days period would end August 15. If August 15 falls on week days, you would have to leave on or before that date. However if the 30 days falls on Saturday, you would not have to leave until Monday, because Saturdays, Sundays are legal holidays, other legal holidays also extend the notice period.

see Brown, Warner and Portman
Civil Code Section 1962(f)
Civil Code Section 1946
Code of Civil Procedure Section 12a

 

[treese]

You gave notice ... not the landlord.

California Tenants - California Department of Consumer Affairs

Read it again ...

Landlord's notice to end a periodic tenancy

The For example, if the landlord served a 60-day notice on July 16, you would begin counting the 60 days on July 17, and the 60-day period would end on September 14. If September 14 falls on a weekday, you would have to leave on or before that date. However, if the end of the 60-day period falls on a Saturday, you would not have to leave until the following Monday, because Saturdays and Sundays are legal holidays. Other legal holidays also extend the notice period.

 

[sandyclaus]

You gave notice ... not the landlord.

California Tenants - California Department of Consumer Affairs

Read it again ...

Landlord's notice to end a periodic tenancy

The For example, if the landlord served a 60-day notice on July 16, you would begin counting the 60 days on July 17, and the 60-day period would end on September 14. If September 14 falls on a weekday, you would have to leave on or before that date. However, if the end of the 60-day period falls on a Saturday, you would not have to leave until the following Monday, because Saturdays and Sundays are legal holidays. Other legal holidays also extend the notice period.

I agree.

In the example listed, the LL is beginning a LEGAL process to start evicting a tenant by giving them notice of their intent to file an Unlawful Detainer action if tenant doesn't comply. If that 60th day falls on a weekend or legal holiday, they cannot file the action because the courts are closed.

In your case, you (OP) are simply terminating your tenancy and notifying the LL of your intent to do so. No legal process involved. You are voluntarily terminating a contract obligation. The legal statutes you provide all have to do with weekends & holidays as they apply to the legal process only, as one can not undertake a legal filing when the courts are closed.

You VOLUNTEERED to end the tenancy. If you intended to stay over that weekend, you should have given that Monday as your final day instead of the weekend. Since you didn't, you overstayed the notice period which you yourself freely offered. LL may well have had plans to start preparing the unit for the next tenant over that weekend, which delayed him, all as a result of your failure to meet your obligations of moving over the weekend as you indicated. Why should LL be penalized by your lack of planning?

You owe the holdover charges. Pay up or you will likely find yourself in court with a judgment that could easily have been avoided had you kept your word, moved out when you promised, and stopped trying to justify and make excuses for your lack of follow-thru.