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Rental Basics in Brentwood : Real Estate Advice

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Activity 6
Wed Jul 18, 2012
Linda asked:
Sun May 27, 2012
Rick answered:
I am a landlord. There is a great deal of misinformation and I was just in Court where a tenant was demanding the deposit returned. The tenanst trashed the place and they lost. In your case, I believe as the tenant, you noticed the landlord of your intent to move. I believe the landlord would have to prove damages caused by your breach and that by giving the landlord notice, you limited your liability. If the landlord was able to rent the property right away, they have no damage. Most people agree that one month's rent or the security deposit is the maximum amount of damages. However, since the landlord is threatening retaliation if you seek the return of your deposit, that works in your favor. I think you could win and have little chance losing given that the property is for sale and they are choosing not to rent. Another key is what was the converstation as to early termination. As you have depicted, there was no agreement to forfeit the deposit and it sounds like they are acting in bad faith. I would probably bring suit and see what happens. Be nice. Stick to the facts as you have in your question and hope you get a Judge who likes you. ... more
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Mon Mar 19, 2012
Bryon Gutow answered:
Down Payments (security deposit) typically equall the monthly rent. This isnt always the case, but a good rule of thumb for planning purposes.. If there's an animal involved, then the down payment (security deposit) could be slightly more to cover potential animal damage. ... more
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Wed Sep 15, 2010
Pacita Dimacali answered:
I thought that you should give at least 30 days notice in either case.

See link to CA landlord/tenant law
Go to page 49 of that document regarding moving out

"Tenant's notice to end a periodic tenancy.

To end a periodic rental agreement (for example, a month-to-month agreement) you must give your landlord proper written notice before you move.

You must give the landlord the same amount of notice as there days between rent payments. This means that if you pay rent monthlt, you must give the landlord written notice at least 30 days before you move."
... more
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Wed Sep 15, 2010
Andy Del Real answered:
Hello Gloria

Property Management can be very frustrating at times when you do it by yourself. I know because I manage my properties and the families properties. From my experience, I have learned that you have to treat a tenant like a business not a friend.

Try talking to them to see if they will cooperate, but do NOT tell them you will begin the eviction process if they dont because that could trigger them to not pay you any rent and destroy the house. If they are still unwilling to cooperate then I would immediately contact the nearest Eviction services company and begin the eviction process. Dont let yourself get taken advantage of and show no fear towards them

Let me how this situation works out for you. Good Luck

Indalecio "Andy" Del Real
... more
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Tue Jul 7, 2009
Richard Hoag answered:
After a lease term expires, and the tenant remains, the lease becomes a month-to-month tenancy that may be terminated by either landlord or tenant with a 30 day YES, unless you have some other written agreement with the tenant, a 30 day notice will suffice. ... more
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