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  1. #1
    Join Date
    Mar 2006
    Location
    El Cajon
    Posts
    3

    Default Month-to-Month Lease and the Return of a Security Deposit

    Hi, everyone I just want advice from you to decide what is the right thing to do. Here is my situation....

    I live in El Cajon, CA with a friend. We moved in here in January 1, 2006. We have month-to-month lease from the time when we moved in. Now, we want to move out soon, and I went to talk to the propoerty manager about us giving them 30-day notice and moving out. And I was told that we should wait till the end of April, since we have lived here for only 3 months. and she said,

    "my apartment company would not like u moving out after living for only 3 months, and u might not be able to get deposit back, plus that would affect your rental history"

    :?: I thought we had month-to-month lease, so I asked her about it. Then, she goes

    "it is month-to-month, but we let people move in as considering them living here for 6 months at least. You living here for 4 months would be better than living for only 3 months when I consider about your deposit and rental history"

    I understand that we won't be able to get full deposit back because they have to prepare this unit for new tenant, BUT is this situation is the same as breaking the lease, which might cause NO DEPOSIT BACK?? Or do living here for 3 months and 4 months make any differences, if so??? :?:

    :?: One more thing, about the RETURN OF SECURITY DEPOSIT.
    I put all deposit when we moved in. By manager, I was told that two tenants' (me and my friend) name would be on the check for the return of security deposit because two of us are on the lease. :shock:
    :?: Is this right?? I thought I could instruct them what we want such as forwarding address and the recipient of the check to collect this deposit. Could I instruct them to send the check to only one tenant(me)?

    I really need help to make up my mind now. I would appreciate it if you give me advice or tell me what you know about this situation.
    Thank you very much to all!!

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

    Default

    If you're on a month-to-month lease, you can leave on one month's (30 days) notice:
    Quote Quoting Notice to Quit in California
    To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move.

    You must give the landlord the same amount of notice as there are days between rent payments. This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move.

    To avoid later disagreements, date the notice, state the date that you intend to move, and make a copy of the notice for yourself. It's best to deliver the notice to the landlord or property manager in person, or mail it by certified mail with return receipt requested. (You can also serve the notice by one of the methods described under "Proper Service of Notices".)

    You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (EXCEPTION: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)
    Use of the Security Deposit is governed by law:
    Quote Quoting California Security Deposit Law
    California law specifically allows the landlord to use a tenant's security deposit for four purposes:
    • * For unpaid rent;
      * For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;
      * For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; and
      * If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.
    A landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes.
    It doesn't surprise me that the landlord would issue the refund check to both of you. That doesn't mean that you have to give half to your roommate (assuming she's not going to try to demand money she knows isn't hers). You can have your roommate endorse it, then deposit it in your own account.

  3. #3
    Join Date
    Mar 2006
    Location
    El Cajon
    Posts
    3

    Default To Mr. Knowitall

    Thank you for your advice.
    Actually, I have a question about the return of security deposit to two tenants, and what I am gonna ask you might sounds stupid, but I am not sure how that works. :roll:

    Well, I understand that the landlord could give us one check wich has two tenants' name on it, but when cashing or depositing this check into an account at the bank, are two persons on the check required to be present at the bank and to sign on the back of it?? I know that when making a personal check and having two names on it, either one could sign on it, two signs are not required on the check. How does it work when depositing a check at the bank, do you know??

    I would appreciate it if you can get back with me on this.
    Thank you so much

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    When a check is deposited, the bank typically requires only that both recipients' endorsements be present. If you wish to cash the check, it will depend upon bank policy.

  5. #5
    Join Date
    Mar 2006
    Location
    El Cajon
    Posts
    3

    Default Thanx to Aaron

    To Aaron,

    Thank you for the info about deposit. I am just curious, do you know which bank I can cash the check alone? I know you live in different state, but if you know more about this, please let me know. I would really appreciate your info.

    :!: :?: To Someone who can give me more advice :idea:

    Well, I had the chance to talk to the property manager about moving out again. (If you do not know my situation, please read from the first one I posted 8) ) She still says that we should move out at the end of next month after giving them 30-day notice on April 1st even though we have month-to-month lease. This is the reason she gave me..

    REASON--> When next landload I might move in to in the future call this apts company for referral, they (the current apts co.) would tell them (new landloard) that "She was not a good tenant since she left after only 3 months. She was supposed to live here for 6 months"

    :?: :?: Do they have rights to say that??? We have month-to-month lease!! They just expect all tenants to live here for 6 months. There were no verval or written contracts/agreemtns that say that we were supposed to live here for 6 months at least

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