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  1. #1

    Default Lease Termination Date Clarification in California

    My question involves a security deposit in the State of: California

    We had a 1 yr lease that was set to be up the 31st of August. Earlier this year we had several severe hability issues with the house that our property manager and property owner ended up filing a unlawful detainer lawsuit against us (we used the rent withholding and calling of the healrth dept to finally get these issues handled) We actually prevailed in the unlawful detainer action in June and paid all monies the court requested us to and all was paid within the timelimit set by the judgement. immediately after learning they had lost the case the property manager verbally and in writing informed us that they would not be renewing the lease because we had been "problem tenants"
    of course, we immediately began looking for a new house and found one mid to late July. On July 12th we gave the owner and prop. mgr a written 30 days notice stating our intention to be completely out by the 12th (we moved on the 2nd but spent the remaining 10 days making sure everything was clean, etc. ) We did not pay August rent but have 2500 deposit and our monthly rent was 1565.00 . The Prop Mgr verbally agreed to allow us to use a portion of our sec. dep for Aug rent.

    In that written notice I clearly requested a pre inspection and cited code #'s and all. She never afforded us that requested pre inspection but scheduyled a final walk thru on Aug 13th. During that walk thru she only wrote notes on a legal pad, also she never provided us with the intial walkthrough check list we completed when we moved in even after formally requesting it numerous times.
    At the time of the walkthru the prop mgr insisted on us surrendering the keys, informed us she was having the locks changed the next day. She would not allow us to correct anything in the interior of the house, but said she would give us a few more days to correct some issues outside (We lived on horse property). We had a independent house cleaner clean the interior of the house and also had paid someone to clean up the outeside as well.
    The prop mgr parting words on the 13th were she would get me a itemmized statement and had me write our new adress on the legal pad with her notes

    My question is this. In determining the date of termination only for the return of a security deposit, if a tenant self-terminates before the rental period is over, what is the date at which the 21 days to return a security deposit begins? In other words, the tenant had a lease for a specific period of time but left 19 days before the lease was up. Which date holds -- the tenant's actual move out date and the date the prop mgr took phyical possession of the property (i.e. we no longer had access to premises or the actual lease expiration date? It is now 9/4 and I have not recieved any type of communication Verbal or written from her.

    Also can she charge us the entire months rent even if she inisited on getting the keys and having the locks changed thus deriving us of access on Aug 13th. I believe we would be entitled to have access if we paid for the entire month rent. She also made no effort at all to re rent the home even though our vacate letter offered to show the home given proper notice. She never even advertised it or put a for rent sign on the lawn like she had when we rented the place.

    In closing most of her recent actions are entirely retalitory which I have reminded her both verbally and in writing.

    I want to send her a letter but have held off until I can get an answer to these 2 questions so I know when to demand my deposit back and also how much I will be requesting.
    Thanks for your help I have looked over and over again through Calif Tenant Landlord law and can't find the answer to this situation.

  2. #2
    panther10758 Guest

    Default Re: Lease Termination Date Clarification in California

    http://www.dca.ca.gov/publications/l...ok/index.shtml

    Did you look here? Lease expired on 31st whether you moved or not you owe rent for duration of lease unless mutally agreed to leave before

  3. #3

    Default Re: Lease Termination Date Clarification in California

    Ok but what date is the one to use for the date the 21 days begins

  4. #4
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Lease Termination Date Clarification in California

    California law states that 21 days start the day after you officially hand the keys and relingquished the property back to the owner/manager.

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