What Is The Liability For Rent After Giving Notice?
My question involves landlord-tenant law in the State of: California.
Here's my situation:
My mother was renting a room at a board and care. She was accepted at a nursing home so she moved.
Monthtly rent was due on the 13th. I gave notice (oral - I know that was a mistake but forget about it for now) on the 23rd. Landlord said we would owe for the 13th to 23rd of following month in order to comply with 30-day notice. No problem. My mom moved out on the 27th in the morning. The landlord had the room filled THAT EVENING.
Ok, so now I believe I understand (from reading the CA DCA website) that WE DO NOT OWE RENT because the landlord suffered no loss. Great.
Now here's the question: Since the landlord filled the spot during a period for which we paid rent, DOES SHE OWE US the difference from the the 27th (or 28th) until the 13th of the next month? In other words, even though our last payment on the 13th was for a full month, we only used the portion from 13th to 27th. Landlord presumably collected a full month's rent from new tennant on 28th.
BTW my mom paid no security deposit and only first month's rent upon moving in.
I looked thru the forum but didnt' find a case that was similar in nature. Sorry if this ends up duplicating any other post.
Re: What Is The Liability For Rent After Giving Notice?
If you are owed monies you have two choices to retrieve it. Ask Landlord for it and explain why and site any code that may apply. Or file small clams law suit
Re: What Is The Liability For Rent After Giving Notice?
I'm only trying to figure out if the landlord owes us money...
Also thanks for replying so quickly.
Re: What Is The Liability For Rent After Giving Notice?
http://www.dca.ca.gov/publications/l...ok/index.shtml
You might be able to find an answer on the site linked above.
I'd look for you but I'm sleepy :o
Re: What Is The Liability For Rent After Giving Notice?
That link acknowledges that we do not owe the landlord since she suffered no loss.
But it does not address the rent paid by us that was then paid by the new tennant for the same period.
Re: What Is The Liability For Rent After Giving Notice?
For anyone who stumbles across this question, I believe I have found the answer thanks to a friend of mine who is both landlord and lawyer.
In short, a landlord may not "double-dip." If rent for a dwelling is collected from a new tenant, the landlord may not also collect rent for the same period from another tenant.