[California Dreamer]

We served a 30 day notice on our tenants that had been renting on a month to month agreement in Sacramento, CA. They immediately stopped payment on their rent check, telling us to use the security deposit--even though the rental agreement specifically stated the the deposit was not to be used for rent. We subsequently served them a 3 day notice. They moved out by the third day but left the property in poor condition. We asked them if they wanted to do a final walkthrough and they did not--they said the property was clean. We took pictures and began the cleaning and repairs. We then sent them (within 21 days) the itemization of how the security deposit was used-deducting for cleaning, repairs, the insufficient funds fee, and the past due rent for the entire month. This notice asked for additional money to cover all the expenses. They have responded that since they moved out 7 days prior to the end of the rental period, that we cannot charge them for a full month's rent. Is that true? Also in the original rental agreement we had a late charge clause but did not include that because I had read that that might be questionable--has to reflect 'actual' costs/damages--which are really minor (maybe interest on the money in a bank?) They are also questioning the number of labor hours we've logged for the various cleaning and repairs. We actually were very forgiving but is there any 'standard' or 'norm' that we should be looking at for these type of charges?

[Mr. Knowitall]

If I understand....

* You served them with notice to quit, telling them that their tenancy was over as of the end of the month.

* They stopped payment on their final rent check.

* You served them with a three day notice for nonpayment.

* They moved out seven days prior to the date you terminated their tenancy as described on the 30 day notice.

If that's the case, they owe rent for the remainder of their tenancy, up to the date you terminated it.

[California Dreamer]

Thank you for your response. I would like to add specific dates to your reply to make sure I'm understanding you correctly. The original 30 day notice would have been effective for them to move out by November 15. As a result of them stopping payment on their rent check, the three day notice was served on November 5th. They subsequently moved out November 8. We deducted the entire rental amount due (30 days) from the security deposit. They have countered that since they weren't in the rental from the 9th-15th that they do not owe those 7 days. But I understand from your reply that they ARE responsible for all 30 days past due rent. Correct?

[Mr. Knowitall]

As I understand your clarifiction, they owe rent through the end of the tenancy, which ended on November 15th. They did nothing which would trigger an earlier date of termination. Moving out early to avoid being evicted does not excuse them from their obligation to pay rent.

[California Dreamer]

Thank you.