Tenant giving 3 day notice in state of CA.?
My tenants called today 3/29 and said they will be moving out by 4/7. Our contract says that they have to give a 30 day notice. They are giving me 2 days. They say they are willing to pay for the time there. But, they want their deposit back. Do I need to give them the deposit back when they did not give a 30 day notice?
- TroubleLv 61 decade agoFavorite Answer
The tenants are not giving you only 2 days notice.
The tenants are required per CA landlord/tenant laws to give a written 30 day notice.
You could attempt to argue that you have not been given notice because it was not in writing, but CA courts are very tenant friendly and more likely than not, a judge will side with them as far as notifying you via telephone.
The tenants owe rent for 30 days after the notice is given.
Since they gave you notice on March 29, they owe prorated rent through April 28th. You determine the rent owed by dividing the monthly rent by 30 and then multiply that amount by 28.
EX: $1000.00/30=$33.33 per day.
$33.33 * 28 days =$933.33 owed.
If they do not pay the pro-rated rent when due (1st of the month) you can include any late fees per the lease.
If they do not pay the full amount due plus the late fee, you can deduct the what is owed from their security deposit.
You need to send the security deposit return and/or accounting per CA landlord/tenant laws. In CA, the security deposit return and/or accounting must be sent within 21 days of the tenant moving out. So, you must mail the accounting by April 28th.
If the tenants do not give you a forwarding address in writing, send the security deposit accounting via certified mail, return receipt requested to their last know address - your rental. Certified mail can be tracked on-line, so print out the tracking info. Also keep a copy of the security deposit accounting letter and your mailing receipts for your own proof.
It will either get forwarded to them or be returned to you. If it is returned to you, keep it unopened in case they attempt to sue you.
- Genuine GuidanceLv 71 decade ago
Technically, if they say they are leaving on 4/7, they are giving you a 9 day notice, not 2.
They are not entitled to their deposit back, since they did not follow the rental agreement that says they must give a 30 day notice.
That means they would owe for April's rent.
Let them try to sue you.
Now, if you were to rent the apartment in April and they sued you, they might actually win some of their money back unless there were damages/cleaning that needs to be done.
- LILLLv 71 decade ago
They must pay for the full month of March 29th-April 29th. If they fail to do so, you can deduct from the deposit. If you rent the apartment out prior to April 29th...you must refund them the difference.
BTW...you should inform them that a phone call is not a legal means to give notice.
- ?Lv 71 decade ago
Sure, they are paying the full rent, just vacating sooner. The security deposit should be treated as a security deposit against damage to the unit. don't squeal unless you are hurt.