Results 1 to 6 of 6

Hybrid View

  1. #1
    Join Date
    Feb 2010
    Posts
    3

    Default Tenants Moved in a Week

    My question involves an eviction in the state of: CA
    I gave my tenants a notice Feb 22 to vacate by April 1 (thought I was being nice to give extra time) but they cleared things out within a week and are demanding their deposit back. They did not tell me they would be out in a week. Can I use the deposit as the last months rent because I didn't expect them to be out until April 1 and they did not give any notice they would be out a month early?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Tenants Moved in a Week

    Can I use the deposit as the last months rent because I didn't expect them to be out until April 1 and they did not give any notice they would be out a month early?
    No. YOU terminated the tenancy early, not the tenants. You told them to get out, so they got out. They weren't required to tell you when they would leave, they were only required to leave by your deadline.

    If you wanted March rent, you shouldn't have served them until March 1st.

  3. #3
    Join Date
    Feb 2010
    Posts
    3

    Default Re: Tenants Moved in a Week

    ok I guess that makes sense.

    I just went in to check the apartment and it's not clean and it smells like smoke! It's a non-smoking apartment. What am I able to do now about this?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Tenants Moved in a Week

    Document the damages, and sue the tenants in small claims court for the costs of clean up.

  5. #5
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Tenants Moved in a Week

    Assuming you had a month to month tenancy, I have to disagree with Missy. Tenant legally owe you for the full 30 days. So if you gave notice on Feb. 22...tenants owe until March 22. You followed the law by giving proper notice. It was the tenants choice to move out early.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenants Moved in a Week

    I take it this was a month-to-month tenancy, with rent paid once per month. Yes, the issues of landlord's notice vs. tenant's notice are different. The landlord's notice was for more than 30 days, effective on April 1. That gave the tenants the opportunity to give shorter notice, such that they could move out before April 1; but it doesn't appear that they gave any such notice prior to moving out. Arguably their announcement, "We're out and want our security deposit back" would be sufficient, shaving a few days off of their liability. (See this guide at pages 49-50).

    Be sure to follow the law in relation to your management of the security deposit. (Read the information in the guide, linked above.)

    1. Sponsored Links
       

Similar Threads

  1. Roommates: Roommate Moved Out with One Week Notice and No Rent Paid - What Are My Rights
    By summerdollie in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-19-2011, 11:30 PM
  2. Subleases: Can the Lease Be Voided if I Just Signed Last Week and Have Not Moved in Yet
    By lej28149 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 12-31-2010, 10:28 AM
  3. Extradition: Moved to Another State a Week Before the Case Went to the D.A.
    By Koi in forum Criminal Procedure
    Replies: 6
    Last Post: 10-30-2009, 05:30 PM
  4. Moving Out: Tenants Partially Moved Out
    By moddo in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-01-2009, 07:38 AM
  5. Quiet Enjoyment: Tenants Never Moved Out After Renting to Subtenants
    By sifiwoman in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-13-2005, 11:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources