Alameda, CA asked in Landlord - Tenant for California

Q: Alameda, CA - landlord asking us to vacate early but still pay rent

This is in alameda county, ca. My lease is due to expire to September 12 at midnight. Today, my landlord emailed me saying that someone else would like to rent our apartment beginning on September 8. They asked if we would be willing to vacate no later than September 1 so they can get the apartment ready for the new tenants. The only thing is that we would still be required to pay the rent up until September 8.. even though we will be fully turning the property back over to them. Is this legal? Thank you so much for your help!

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: You have the right to be there until your lease is up. If your LL wants you out early and you can do it, negotiate a payment from him. Remember if you have been there over a year he is obligated to contribute a months rent to you for moving expenses, and you get 60 days notice. Negotiate for an additional month's rent back and get it in writing. In fact, get it before you move out. And your security deposit. You are also entitled to a pre move out inspection 21 days before you move out. Your LL just wants to collect double rent.

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Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: You do not have to move. There is a Moratorium of Rents and Eviction until September 5, 2020. This MorAtorium could be extended. Best of luck..

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