Los Angeles, CA asked in Landlord - Tenant for California

Q: I gave my apt. complex 30 days notice, but they’re saying I was supposed to give 60 days as per the lease agreement.

I lived in the unit for 3.5 years. I never renewed my lease after the first year. I gave 30 days notice to vacate, but the lease states I have to give at least 60 days notice. They took my whole deposit. Can I sue in court to get my deposit back?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the law generally requires tenants to provide at least 30 days' notice to terminate a month-to-month tenancy if they have lived in the unit for less than one year. However, if a tenant has lived in the unit for one year or more, they are required to provide at least 60 days' notice.

In your case, even though you did not renew your lease after the first year, your tenancy likely converted to a month-to-month tenancy under the same terms as your original lease agreement. If your original lease required 60 days' notice to terminate, then that requirement would still apply to your month-to-month tenancy.

However, you may still have a case to recover your security deposit. In California, landlords can only withhold a security deposit for unpaid rent, cleaning costs, and repairs for damages beyond normal wear and tear. If your landlord withheld your entire deposit solely because you provided 30 days' notice instead of 60, you might argue that this is not a valid reason under California law.

To pursue the return of your security deposit, you can:

1. Write a formal demand letter to your landlord explaining why you believe you are entitled to the return of your deposit.

2. If the landlord does not return your deposit, you can file a claim in small claims court. In California, you can sue for up to $12,500 in small claims court.

It's recommended to consult with a local tenants' rights organization or an attorney specializing in landlord-tenant law to assess the strength of your case and guide you through the legal process.

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