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  1. #1
    Join Date
    Dec 2012
    Location
    San Diego, California, United States
    Posts
    1

    Default Dispute About 30-Day Notice

    My question involves landlord-tenant law in the State of California:

    I am moving out to a different apartment at the expiration of the leasing date (December 31st). Landlord claims that I am not entitled to my security deposit since I did not give landlord a 30-day written notice. However, the leasing agreement does not specify that it is the tenants duty to give a 30-day written notice during the timeframe of the initial term -- the 30-day written notice should only apply after the lease rolls to a month-to-month lease -- that is after the expiration of the initial term.

    The leasing agreement states:

    4. TERM. The lease shall begin on August 23, 2012 (MO/DA/YR) at 12:00 A.M(time) and end on December 31, 2012 (MO/DA/YR) at 12:00 A.M . At the expiration of the initial term, this lease shall become a Month-to-Month lease. Either party may then terminate the lease with 30-day written notice.
    22. TERMINATION OF LEASE/RENTAL AGREEMENT: If this lease is based on a fixed term, pursuant to paragraph 2, then at the expiration of said fixed term this lease shall become a month to month tenancy upon the approval of LANDLORD. Where said term is a month to month tenancy, either party may terminate this tenancy by the serving of a 30 day written notice.
    5. SECURITY DEPOSITS: TENANT shall deposit with landlord the sum of $650.00 as a security deposit to secure TENANT'S faithful performance of the terms of this lease. The security deposit shall not exceed two times the monthly rent. After all the TENANTS have vacated, leaving the premises vacant, the LANDLORD may use the security deposit for the cleaning of the premises, any unusual wear and tear to the premises or common areas, and any rent or other amounts owed pursuant to the lease agreement or pursuant to Civil Code Section 1950.5. TENANT may not use said deposit for rent owed during the term of the lease. Within 21 days of the TENANT vacating the premises, LANDLORD shall furnish TENANT a written statement indicating any amounts deducted from the security deposit and returning the balance to the TENANT. If TENANT fails to furnish a forwarding address to LANDLORD, then LANDLORD shall send said statement and any security deposit refund to the leased premises.

    Am I right in my assessment? Or can the landlord refuse to refund me my security deposit?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dispute About 30-Day Notice

    I can only say so much without reviewing the entire lease.

    The first clause you share (#4) defines an initial lease term, with the lease automatically becoming a month-to-month lease at the end of the initial term. That clause provides that after the lease becomes a month-to-month lease, either party may terminate it on 30 days notice.

    The second clause you share (#22) indicates (subject to a paragraph we have not seen) that the lease only becomes month-to-month at the expiration of the initial term upon approval by the landlord. This clause seems to be in tension with #4, which suggests that the transition is automatic. If I were a tenant and the landlord were saying at the end of the initial lease term, "But I didn't approve transition to month-to-month," I would argue that #4 creates an ambiguity and that its automatic provision should apply. If I were in your position I would argue that as the landlord did not send me a notice to the effect of, "congratulations, I've approved you to continue as a month-to-month tenant", it was reasonable for me to believe that my landlord expected me to move out at the end of the lease term.

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