Full question:
I SIGNED A RENTAL AGREEMENT, WITH A RENTAL PERIOD OF 4/1/10 - 3/31/10. I WILL NOT BE MOVING IN. THE AGREEMENT STATES: 'IT IS MUTUALLY AGREED THAT THE RENTER SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT AT ANY TIME BY PAYMENT OF ONE FULL DAYS RENTAL FOR EACH 24-HOUR PERIOD OR ANY PART THEREOF, DURING WHICH THE RENTER HAS RETAINED POSSESSION OF THE PROPERTY AND ANY ACCESSORIES/EQUIPMENT DURING THE TERM OF THIS AGREEMENT.' I PAID A $800 DEPOSIT, THE AGREEMENT STATES:'THE RENTER FURTHER AGREES TO MAKE A DEPOSIT OF $800 WITH THE OWNER. SAID DEPOSIT TO BE USED, IN THE EVENT OF LOSS OF OR DAMAGE TO THE RENTED PROPERTY AND AND ACCESSORIES/EQUIPMENT DURING THE TERM OF THIS AGREEMENT, TO DEFRAY FULLY OR PARTIALLY THE COST OF NECESSARY REPAIRS OR REPLACEMENT. IN THE ABSENCE OF ANY DAMAGE OR LOSS, SAID DEPOSIT SHALL BE CREDITED TOWARD PAYMENT OF THE RENTAL FEE AND ANY EXCESS SHALL BE RETURNED TO THE RENTER.' I NOTIFED THE OWNER YESTERDAY, THAT I WILL NOT MOVE IN. WHAT FORM/LETTER SHOULD I SEND VIA REGISTERED MAIL TO THE OWNER, AND CAN I GET THE $800 DEPOSIT BACK?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
The answer depends on the terms of your rental agreement. According to the language provided, you can terminate the lease by paying for the days you occupied the property. However, it's unclear if you need to occupy the property to terminate without notice. If you were meant to move in on 3/1 and did not, a court might consider that you retained possession for the period the property was held vacant.
In California, tenants typically must give landlords notice equivalent to the rental payment period. If you pay monthly, you need to give at least thirty days' notice. Your rental agreement may specify a different notice period.
Regarding your $800 deposit, California law allows landlords to use it for unpaid rent, cleaning, and repairs beyond normal wear and tear. If there’s no damage, the deposit should be returned. The landlord must refund your deposit or provide an itemized statement of deductions within twenty-one days after you move out (Cal. Civ. Code § 1950.5).
To terminate the agreement, consider sending a registered letter to the owner stating your intention to terminate the lease and requesting the return of your deposit.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.