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  1. #1
    Join Date
    Jun 2005
    Location
    San Jose, CA
    Posts
    1

    Default Roommate Moving Out and 30-Day Notice Requirement in California

    Hello! I have a friend that is in need of help. My friend moved out for personal reasons from her roommate recently. She told her roommate that she was moving out; however, she had only given her 20 days of notice. Now, the roommate is asking for her part of next month's rent because my friend did not give her 30 days of notice. My friend said that since she only gave 20 days of notice, she offered to pay for the 10 days she did not give her of notice...Who is wrong here? I mean, I can see where the roommate is coming from, just because my friend's stuff was still in the apartment until June 4, and I believe rent was already due. And since her stuff was still there, I said she should pay for the 30 days. However, I can see my friend's point, which is that since she only gave 20 days of notice, she will pro-rate the 10 days. FYI-the landlord gave my friend permission to take her name off the contract. Now, the roommate talked with the owner and told the owner the situation, and the owner said that my friend should not get her security deposit back, so it will just be for next month's rent, and then the roommate said that my friend will have to pay the remaining balance. Is that fair? I mean, is that legal? Please help my friend. Thanks in advance.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default Re: Please help-Roommate 30 day notice (San Jose, CA)

    Your friend would be best served by trying to obtain information directly. She can also review the California tenant's guide.

    Quote Quoting prince7122002
    Now, the roommate is asking for her part of next month's rent because my friend did not give her 30 days of notice. My friend said that since she only gave 20 days of notice, she offered to pay for the 10 days she did not give her of notice...Who is wrong here?
    From what you have written, it isn't at all clear that they aren't both offering the same thing. One says "pay part of next month's rent", the other offers ten days, which is part of the next month's rent.

    Quote Quoting prince7122002
    NI mean, I can see where the roommate is coming from, just because my friend's stuff was still in the apartment until June 4, and I believe rent was already due. And since her stuff was still there, I said she should pay for the 30 days.
    Leaving items in a rental unit at the conclusion of a tenancy does not necessarily extend the tenancy. The California Department of Consumer Affairs provides some information on a landlord's remedies when a tenant leaves property behind.

    Quote Quoting prince7122002
    However, I can see my friend's point, which is that since she only gave 20 days of notice, she will pro-rate the 10 days.
    Was the twenty day notice ever accepted as sufficient?

    Quote Quoting prince7122002
    FYI-the landlord gave my friend permission to take her name off the contract.
    If both roommates were on a written lease with a landlord, rent is not owed to the other roomate; it would be owed to the landlord. Further, the landlord would not give somebody "permission to take their name off of the contract" - the landlord would release somebody from the lease.

    Quote Quoting prince7122002
    Now, the roommate talked with the owner and told the owner the situation, and the owner said that my friend should not get her security deposit back, so it will just be for next month's rent, and then the roommate said that my friend will have to pay the remaining balance. Is that fair? I mean, is that legal?
    You can review the handbook linked above in relation to the return of a security deposit.

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