Some questions...

[blahbleebloo]

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

I know how everyone here is with posting other people's problems, but I'm more asking this out of curiousity, so please don't yell at me.

Beginning Jan 1 of this year, my friend rented a room in the house of a woman. Things went well until around Jan 2. My friend gave her 30 day notice on Jan 3, with an effective date of Feb 3. My friend actually moved out on January 12. The landlady has texted my friend incessantly (and trust me, some of these texts are quite cuckoo, but that's neither here nor there), but is making a stink about the deposit and whether or not my friend owes money for February rent or not.

Here are some of the issues:

-The contract apparently says that the landlady has 30 days to return the deposit. My understanding is that the law says it's 21 days, and that you can't sign a contract that contradicts the law.

-My friend gave notice on Jan 3, that she would be out before Feb 3. The landlady is demanding rent for the entire month of February. My understanding is that my friend only owes for Feb 1-3, unless there is a clause that says otherwise, which there isn't.

-My friend only lived in this room for 2 weeks - what is considered normal wear and tear? The landlady is talking about repainting and steam cleaning the carpets and charging for it. Seems strange, but I'm sure stranger things have happened. My friend took pictures of the room before she left to show that there was no damage.

I just wanted to run it by you guys, because goodness knows it's a wacky situation, and I'm interested in what your opinions are.

~A

 

[Gail in Georgia]

Have your friend post her questions herself. The fact that things "went well" for her in the rental situation for all of one day indicates the landlord may not be the only one who might be "quite cuckoo" in this situation.

Gail

 

[cyjeff]

I am guessing it was January of 2012 to January of 2013, but I will agree the post is nebulous.

 

[Zigner]

I agree that rent is only due until the 3rd. California law allows for prorated rent - not by the full month.

 

[blahbleebloo]

I'm sorry I was unclear.

It's true that the rental situation only really worked for about a day. It was just personality differences mainly...I only mentioned the texts because of the stink the landlady is making. The fact that they were cuckoo wasn't really relevant. Sorry.

And yes I know my friend can post her own questions, but really I was the one that had the questions, so that's why I asked them. And I figured I'd get atleast one response like that, which is why I just put the actual questions I had in bullet points. I know you guys can't really comment on the entirety of the situation since I don't have all the facts, but those particular things I just was looking for confirmation/clarity for my own education.

This site has been a great source of education for me, so I apologize if I've put anyone out.

Also, thanks for the confirmation on the rent, Zigner. I'm glad to know I at least got that part right.

~A

*E

 

[Who's Liable?]

-The contract apparently says that the landlady has 30 days to return the deposit. My understanding is that the law says it's 21 days, and that you can't sign a contract that contradicts the law.

True.

-My friend gave notice on Jan 3, that she would be out before Feb 3. The landlady is demanding rent for the entire month of February. My understanding is that my friend only owes for Feb 1-3, unless there is a clause that says otherwise, which there isn't.

See previous post regarding this.

-My friend only lived in this room for 2 weeks - what is considered normal wear and tear? The landlady is talking about repainting and steam cleaning the carpets and charging for it. Seems strange, but I'm sure stranger things have happened. My friend took pictures of the room before she left to show that there was no damage.

Most judges would not grant any money since such a short period of time elapsed, however some might deem a small cleaning fee since your friend was there for two weeks. Repainting would be thrown out. Provide the pictures as evidence to the judge if needed.

 

[Searchertwin]

Who's Liable?;3136584]
Repainting would be thrown out.

Agree on everything except this. If the tenant was a heavy smoker, two weeks with that smoke will cause some stains on the walls.
Kids with crayons, takes only minutes.

A child sitting in a corner with a jar of vasoline, can destroy a section in seconds. I know, my granddaughter had a good time with that stuff.

 

[blahbleebloo]

Awesome...you guys have come through once again!

I sincerely appreciate the information! Luckily my friend is a non-smoker and has no children, but she does have a dog, so I had told her that it was only fair to pay something for carpet cleaning, or whatever in case there was a doggy smell left.

Anyway, I appreciate you guys confirming my understanding of the situation.

<3