San Francisco, CA asked in Landlord - Tenant for California

Q: can landlord keep my security despoist of 3000 if i signed a month to month lease but never moved in?

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1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
  • Del Mar, CA
  • Licensed in California

A: First thing you do is give the landlord 30 days notice that you are not moving in and for him to get another tenant. Your obligation to pay rent ends 30 days after that. The landlord must make efforts to find another tenant. If he is unable to find another tenant within 30 days, he cannot charge you rent beyond the 30 days. If your rent deposit has been exhausted, you have nothing coming back. If he did, then it depends on whether he can do as well with the new tenant as he did with you. He can deduct the expenses of finding the new tenant from your deposit. He can also deduct the difference between what the new tenant pays for the period ending 30 days after notice compared t what you would have paid. If he does not do as well, that difference is also deducted. If he gets a higher rent, that should be credited to you, but I doubt you would ever see that. Of course he must make an accounting within 3 weeks after your notice period expires.

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