Here is some very useful information for any tenant looking to move out of their apartment in the near future. California Real Estate Law definitely favors the tenant, so it is important to know what you can get out of it.
First, let’s look at Moving Out.
“You must give the landlord the same amount of notice as there are days between rent payments.176 This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move.
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.”
Make sure you send your landlord a statement in writing (my landlord let me send via email, which is nice) as soon as you know you are moving out. You are saving money every day earlier that you send the letter…you are not required to pay rent through the end of the following month.
Next, let’s look at your Security Deposit. There is a lot the landlord has to do before they can just take it all from you. Also, there is no such thing as a non-refundable security deposit in California.
Under California law, 21 calendar days or less after you move, your landlord must either:
- Send you a full refund of your security deposit, or
- Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.
If they do send you a list of itemized deductions, the landlord must show proof of the expense somehow.
If the landlord or the landlord’s employees did the work – The itemized statement must describe the work performed, including the time spent and the hourly rate charged. The hourly rate must be reasonable.
If another person or business did the work – The landlord must provide you copies of the person’s or business’ invoice or receipt. The landlord must provide the person’s or business’ name, address and telephone number on the invoice or receipt, or in the itemized statement.
If the landlord deducted for materials or supplies – The landlord must provide you a copy of the invoice or receipt. If the item used to repair or clean the unit is something that the landlord purchases regularly or in bulk, the landlord must reasonably document the item’s cost (for example, by an invoice, a receipt or a vendor’s price list)
If the landlord made a good faith estimate of charges – The landlord is allowed to make a good faith estimate of charges and include the estimate in the itemized statement in two situations: (1) the repair is being done by the landlord or an employee and cannot reasonably be completed within the 21 days, or (2) services or materials are being supplied by another person or business and the landlord does not have the invoice or receipt within the 21 days. In either situation, the landlord may deduct the estimated amount from your security deposit. In situation (2), the landlord must include the name, address and telephone number of the person or business that is supplying the services or materials.
Don’t waive your right to receive the copies of receipts, as then the landlord does not have to send you them if you change your mind later. If the landlord has made what you deem an improper deduction to your security deposit, you need to notify the landlord right away. If the a disagreement occurs, read the entire document for how to move forward with further negotiations.
Lastly, the landlord can only request a maximum of 2 months worth of rent as your security deposit when you are moving into your next place.
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So, you are moving out ehh? Landlord was not willing to drop the rent?
Yes, moved this week. Landlord came down, but too little too late. Now she’s begun to panic…kinda funny, actually.
My roommate and I moved out on July 15th. We had a $3350.00 deposit and our landlord has not returned any part of our deposit. Today is August 7th and no check in the mail. Our ex-landlord wanted to give us $1250.00 back because he needed it to bring the house back to the level he gave to us 5 years ago. The funny thing is that he can’t supply us with receipts. and the good faith estimates are ridiculous. One of the charges is to replace 1 tile from the kitchen counter that we did break. The tile is a small 3 inch by 3 inch tile and that is going to cost $125. He also told us he need to replace all the blinds and window screens. All of this stuff was not new when we moved in and now he wants to charge us for new ones. He even had the nerve to include part of the cost for a new stove because the old one was dirty inside (when I say inside I mean, he took the counter top off of the stove and there was a little bit of grease inside). The stove is as good as when we moved in.
I can’t believe he is doing this to us when we have been good tenants for over 5 years.
What if you breached a contract for a specific period of time and the contract doesn’t state consequences?
I disagree, the law favors the landlord. Otherwise the landlord should be charged with felony grand theft for witholding your security deposit. However, i beleive the judges are pro-tenant.
I read somewhere while researching my case that landlords are deemed “upstanding citizens” becuase they run a business. Therefore law makers tend to give them the benefit. Sorry i cant cite this.
Don’t forget “bad faith”. if you can prove that your landlord has witheld your deposit over 21 days in bad faith you can sue for punitive damamges as well. $7500 in small claims.
Rick : he cannot charge you for “normal wear and tear”.
Stove : id sue him.
Blinds and screens : it depreciates and he can only charge you for the remaining useful life if you did damage it. otherwise, id sue.
send him a nice letter explaining the law because if you go to court you need to show the judge that you acted in “good faith” to resolve this nicely.