What to do regarding a 30 day notice and pro-rated rent?

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What to do regarding a 30 day notice and pro-rated rent?

I had a verbal agreement with my landlord that if we vacated the property earlier than our written 30 day notice, that they would return our pro-rated check for the month. We vacated within 12 days and now the landlord says they will only return the check if they rent the property by the first of the month. They have signed renters that are not moving in on the first but 10 days later. Legally can I still get my check back? The landlords told us they wanted us out as soon as possible so they could show the property. They met and signed renters 2 days before we turned in the keys and now they are saying they are keeping the check.

Asked on November 30, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The problem that you have in your situation is that you have a verbal agreement with your landlord about about getting a rebate of your rent that you paid in advance if you vacated sooner than the last thirty days of your occupation of the rental. In the future you need to get all agreements in writing.

I would write your former landlord a letter (keeping a copy for future need) reminding him or her of the verbal agreement and request the refund owed you by a certain date. If not received by the requested date, your option is small claims court.


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