Can our landlord is ask us to move out almost a week before our lease expires without prorating rent?

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Can our landlord is ask us to move out almost a week before our lease expires without prorating rent?

Our landlord wants to get it ready for the next tenant. She has said that to get cleaning done, etc in a “rush” we could incur “rush rate fees” for cleaning and any possible repair. It is obvious she just wants to get new people here quick so she can keep making money. We were going to depart early but we would have to prorate our tenants rent at the old place and we wouldn’t get prorated here, so we’d be out a lot of money. It almost seems like extortion and the landlady has made nebulous threats in her email responses she has given to my fiance. She has done similar things to previous tenants. Is what she is doing legal, and if not what can we really do? She received a security deposit of over $2,000 and other than getting the carpets cleaned (they are very cheap and old) we didn’t do any damage. I am also in the navy but have not yet talked to navy legal.

Asked on August 8, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your landlord wants you to vacate the rented unit before the actual departure date that you gave or the date stated in your lease that expires, she has to pro-rate your rent for the earlier move out assuming you agree to this where you get a refund of rent paid to the end of presumably this month.

This is the law in California.

Note, you do not have to move out a week earlier than what the lease says or what you gave notice for. Any earlier move out date would be strictly voluntary on your part.

What you landlord is requesting is legal (earlier move out date). However, threats by your landlord if you do not move out earlier than initially agreed to are not proper.

She also has 21 days from move out to return your security deposit in full and if not in full, set forth why the full amount was not returned with invoices, receipts and other documents showing the charges for the debit.

Good luck.

 


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