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Wondering Wildly | Do you need to give 30 days notice in a month to month renting situation? |
My friend is leaving her slightly abusive housing in California. She has not given 30 days notice and says there is no reason thats what the deposit is for and she doesn't want it back.
She's spoken to the landlord/women who runs the house and I guess the women gave the green light, but has since forgotten the conversation. And was surprised to learn she's moving out.
She's moving out in a few weeks but I still think she's going to get reamed for not giving 30 days notice. Is she required in a month to month, no contract situation? And does as she says, the deposit just take care of it? |
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Gertie
 |
www.dca.ca.gov she needs to give 30 days notice if she leaves she needs to give the keys to the owner and take pictures of how she left the premesis. out of the security deposit they will take any amount owed for unpaid rent, utilities, damages, etc. please tell her to take pics just in case this lady tries to say she caused more damage than what was really there. Now if the deposit doesnt cover the necessary costs of the unpaid rent, damages, etc the landlord can make your friend pay any additional amount.
One more thing the landlord has within 21 days to notify your friend of why she wont be getting her deposit back. after that your friend can contact the appropriate people to help her get it |
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Landlord
 |
In CA the deposit and the rent are not the same issue. The deposit can not be used as rent, only damages.
Yes, she has to give a 30 day notice. Her landlord can sue her, and will win, for the missing rent, all legal fees associated and any damages that exceed the deposit. |
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acermill
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She is absolutely required to provide thirty days notice of intent to vacate the premises in a month-to-month rental situation. Your friend has what is called a 'statutory lease', the terms of which are governed by the statutes of the state.
California statutory leases require at least a thirty day notice of intent to vacate. Bear in mind that the thirty days must be in advance of any one specific rent due date.
And, NO, the deposit doesn't take care of it. The deposit is there to insure that the landlord has escrowed monies to make any repairs needed from your friend's tenancy. |
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Classy Granny
|
A deposit is not to take care of the last month's rent. It's so the landlord can pay for any cleaning and/or damages the tenant leaves without taking care of. Yes, lease or not a 30 days notice is required. Never depend on anything verbal. |
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bilko_ca
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always give notice and do so in writing... while verbal can be relied on a lot of time... when it comes to matters such as this... do it in writing.
terminating an agreement such as this should always be don in writing. |
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Geri93940
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You've answered your own question within the description of what's happened with your friend.
When you're in a month to month rent situation, always give 30 days written notice when you plan to move out. Why? In order to avoid any conflict or misunderstanding. Always keep a copy of the notice that you submit. Also, it's the right thing to do morally. Treat others as you want to be treated and you'll never get into trouble.
Also, in most rental agreements it's written that the tenant must give 30 days written notice. |
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G-whiz
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It is always a common courtesy with 30 days notice, so the landlord is able to find another tenant. The deposit money is normally for security, cleaning and damages. If everything is "A" okay. I don't see any reason for the landlord not to refund the money. Unless the there is a written rules from the renting document stated the tenant must notify the landlord in writing with a 30 days notice. Your friend can take the landlord to a small claim court to get her money. First she must notify her landlord in writing. She should send the notice in mail (certified) to proved that she had done that before the small claim court. Of course, they should try to settle that without filing.
Good luck! |
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reenzz
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No...deposit take care of damages to the apartment...not unpaid rent. Since your friend failed to give proper notice...she will and should be responsible for a full 30 days rent. |
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frak1a12345
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California law requires a 30 day notice because without a contract it is presumed that the rental period is 30 days OR the same period that the rent is required to be paid: i.e. if you pay rent every week then all you need is a 7 day notice. Almost all rentals are 30 days. The fact that the landlord 'forgot' their conversation is exactly why everything should be in writing. The deposit is not designed to cover the 30 day notification period and, yes, she could get reamed for it but from a practical standpoint that may not happen because the landlord would have to go through some hassle and spend money to get a judgment and probably not have a prayer of collecting anything on the judgment so it would be a waste of time and money on her part. The deposit can be applied to any unpaid rent and damages but that can't be known until after the tenant moves out and the landlord makes a declaration of monies owed within 21 days of the moveout. |
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seksikuuipo
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Working the real estate business and rental industry, everything must be in writing. We have a small office with only 200 properties and 6 employees. But you tell one person, NOT everyone will know. So even sending an email, means someone got it and theres a paper trail, not leaving you looking like your abandoning the unit. If you do that, the previous landlord can give you negative remarks on future rental verifications, which may hurt you later. Regardless of if you're in a contract or on a month-to-month lease, you need to give 28-days notice. |
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