Can a property owner in San Diego charge a “holdover tenant” a full month’s rent after overstaying their lease 2 days?

Question

Overstayed lease end date in San Diego, CA by 2 days in May or June 2021 without permission from the property management company. I expected to lose the security deposit and be charged a pro-rated rent based on those 2 days, and at a market rate higher than my original rent price, which I felt would have been fair. However, I never heard back (it was a high rise building, and I wrongly assumed no one had noticed the extra 2 days). 
 
Apparently, the property management company was never able to get a hold of me after I moved out-of-state, so I never got the bill for the full month’s rent for those 2 days I overstayed my lease. Over two years later, they apparently sent the debt to a collection agency. 
 
Is it legal in San Diego and/or California to charge a full month’s rent for overstaying by 2 days?

Maurice Mandel II · Answer

Your occupancy is based on your rental agreement/lease with the LL. This document controls the relative rights/ duties of the parties. It is not possible to answer your question without reviewing this document. Yes, it is possible that you forfeit an entire months rent by overstaying the move out date.  The LL is not under any legal obligation to only provide you  a prorated rent, unless otherwise stated in the rental agreement. Remember, if you lived there more than a year you may be entitled to one month's rent as a moving allowance, and you have rights with respect to the return of your security deposit, but you may have to go to small claims. Thanks for using Justia Ask a Lawyer, but discuss this with a local attorney and don't just rely on what you are told on this site.

James L. Arrasmith · Answer

In California, a tenant who overstays their lease without permission can be considered a holdover tenant. While it might seem fair to charge a pro-rated amount for the extra days, landlords often have the right to charge a full month’s rent for any portion of the month the tenant remains, depending on the lease agreement terms. It's important to check your lease for any specific clauses regarding holdover tenancy. 
 
San Diego, like the rest of California, typically allows landlords to charge holdover tenants based on the lease terms. If your lease stipulated that any holdover period would result in a full month’s rent charge, then the property management company might be within their rights to bill you for that amount. However, if the lease did not specify this, you might argue that a pro-rated charge would be more reasonable. 
 
Since the property management company sent this debt to a collection agency over two years later, you should request documentation from the collection agency to review the charges. It may also be helpful to consult with a legal advisor to explore your options for disputing the charge, especially if you believe it was unfair or not clearly outlined in your lease.

Q: Can a property owner in San Diego charge a “holdover tenant” a full month’s rent after overstaying their lease 2 days?