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Security Deposit Deduction

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Harburne

Junior Member
undefinedCAlifornia
I was given a 60 day notice to quit which read "that I am requested to quit and deliver the possession of the premises on August 31.2005. This notice was dated June 6, 2005. After receiving the notice, and finding another place to live, I informed the Landlord on July 20, of my intent to move on August 8.
The landlord deducted 19 days rent from my security deposit stating the following,,,,"you are required to give 30 days notice of your intent to vacate"
The reason for the eviction was so that the Landlord could take over both parts of the duplex due to an increase in their family size,. and not to rent it out.
Once I am given a notice to quit am I not allowed to leave at anytime within that period without giving notice? How could I give 30 days notice if it were a 30 notice to quit? Since he is using the premises for his own personal use and
not renting it should I be charged?
I should also mention that my duplex was immediately entered into and work began within a day or two after I vacated,
 


BL

Senior Member
Harburne said:
undefinedCAlifornia
I was given a 60 day notice to quit which read "that I am requested to quit and deliver the possession of the premises on August 31.2005. This notice was dated June 6, 2005. After receiving the notice, and finding another place to live, I informed the Landlord on July 20, of my intent to move on August 8.
The landlord deducted 19 days rent from my security deposit stating the following,,,,"you are required to give 30 days notice of your intent to vacate"
The reason for the eviction was so that the Landlord could take over both parts of the duplex due to an increase in their family size,. and not to rent it out.
Once I am given a notice to quit am I not allowed to leave at anytime within that period without giving notice? How could I give 30 days notice if it were a 30 notice to quit? Since he is using the premises for his own personal use and
not renting it should I be charged?
I should also mention that my duplex was immediately entered into and work began within a day or two after I vacated,
Well did you pay rent until Aug. 31st ?
 

ENASNI

Senior Member
um

I am not sure if I have the dates right but if he gave you a 60 day that is the notice to go by, you do not have to give notice.. did you overstay?

If he gave notice and you left within that notice you are okay.. anything else is fishy.
 

JETX

Senior Member
Harburne said:
I was given a 60 day notice to quit which read "that I am requested to quit and deliver the possession of the premises on August 31.2005. This notice was dated June 6, 2005. After receiving the notice, and finding another place to live, I informed the Landlord on July 20, of my intent to move on August 8.
At the very least, your rent obligation would be for 30 days AFTER you gave WRITTEN notice of your intent to leave. Was your notice on 7/20 WRITTEN?? If so, then your rent obligation continues through 8/19 (30 days) (California does not require notice effective next rental period). At the worst, your rent obligation would continue until 8/31 per the landlords notice.
Since your post says you got 'hit' for 11 days... that would be until 8/19... and would be proper.

None of your other issues as to mitigating damages, etc. would apply.
 
Last edited:

ENASNI

Senior Member
The poster, the tenant was given the 60 to move, they have any leg room to get out I believe. In telling the landlord when they were vacating they had been being courteous so that they could get the place ready.. They had no obligation to give a notice after notice was give to them??? :confused:

Am I so out of line here that someone is going to call me something stronger than a ninny?
 

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