3 day pay or quit
our landlord gave us a 3 day pay or quit notice. We had a month to month rental agreement. We asked to have untill Friday to move he said ok. Now hes saying that due to the 3 day pay or quit notice we arent entitles to our securty deposit. Is that true?
Re: 3 day pay or quit
No, not true. You are liable for at least for the rent that would have come due up until the day you moved out. You are also arguably liable for the balance of the rent up until month’s end. Anything above that, you should be entitled to a refund, assuming there are no damages to your premises. Different judges interpretet this law differently, but it seems the prevailing view is that you would be liable for rent due up and until months end (because you did not pay your rent in 3 days you were in breach of your rental agreement and therefore liable for rent for the balance of the lease term). You can sue in small claims court for any part of your security deposit that is not returned to you within 21 days of moving out, and could be awarded 3 times that amount.
Robert Mccoy
Law Office Of Robert McCoy
204 N. San Antonio Ave.
Ontario, CA 91762
Re: 3 day pay or quit
The security deposit technically is only for the cleaning of the unit. For the rent, it is a last month’s rental deposit. That amount of the rent that you do not pay can be deducted from the security deposit, but if there is a positive balance in your favor the landlord must pay over that entire portion. Moving out early does not allow the landlord to collect “damages ” from you by taking the part of the last months’ rent not owed to the landlord. Tell him to show you were in the lease or law it says that his position is correct.
George Shers
Law Offices of Georges H. Shers
4170 Glenwood Terrace, Suite #1
Union City, CA 94587
Re: 3 day pay or quit
The landlord (“LL”) is totally wrong. Security deposits can be used in 3 ways:
(1) For unpaid rent;
(2) Repairing damages caused by you that do not amount to ordinary wear and tear.
(3) Cost ofcleaning, if you leave it dirty, or if it wasn’t as clean when you left, as it was when you moved in.
Make sure you walk-through with LL when you leave and take notes and pictures. If you don’t have a camera, you can get one cheaply at many stores, where you develop the film and throw camera away.
It also might be helpful to have a lawyer write the LL a strong letter, becuase he sounds a bit dishonest.
Robert L. Bennett
Law offices of Robert L. Bennett
2117 N. Baker St.
Bakersfield, CA 93305