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Taking Rent Out of Deposit when They Said We Were Not Reponsible for Rent

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  • 12-21-2008, 11:52 AM
    Collin
    Taking Rent Out of Deposit when They Said We Were Not Reponsible for Rent
    My question involves a security deposit in the State of: California

    I put 30 days notice for my mom's apartment because of illness and had a dr.'s note.

    Landlord had no issues and we were due to have my mom's belongings out by dec. 12th

    landlord emails me and says they have someone that wanted to move in dec. 1st and if we had it cleaned out we would not be responsible for the 12 days of rent.

    We rushed and had it cleaned out, the people didn't end up taking the apartment and the landlord took 12 days of rent out of the deposit.

    please tell me this is not legal.
  • 12-23-2008, 05:59 PM
    Mr. Knowitall
    Re: Taking Rent Out of Deposit when They Said We Were Not Reponsible for Rent
    Did the landlord release you of any obligations, as of the first, in writing? If so, what is the exact wording?

    I suspect the landlord's position is that his offer was contingent upon the new tenant's moving in, and that he's already cutting you a huge break by releasing you from the tenancy.
  • 12-26-2008, 10:18 PM
    Collin
    Re: Taking Rent Out of Deposit when They Said We Were Not Reponsible for Rent
    Quote:

    Quoting Mr. Knowitall
    View Post
    Did the landlord release you of any obligations, as of the first, in writing? If so, what is the exact wording?

    I suspect the landlord's position is that his offer was contingent upon the new tenant's moving in, and that he's already cutting you a huge break by releasing you from the tenancy.


    here is what the landlord wrote me.

    "Collin, I think I can rent the apt. by the 1st if you have all the stuff out. That way you can recoupe some money."

    sounds to me it was contingent on me being out by the first and not whether she can rent it.
  • 12-26-2008, 10:22 PM
    Mr. Knowitall
    Re: Taking Rent Out of Deposit when They Said We Were Not Reponsible for Rent
    Saying "I think I can" is not the same thing as saying "I can". I think you're SOL.
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