Q: is my landlord allowed to charge me $200 because I did not move out when my notice was up and the roofers charged her?
I was given you 60 day notice to vacate no fault just caused so she can get the roof fixed. I did not move out in time and the roofers supposedly charged her for having to change plans and she made me pay that fee
A:
To provide the most accurate advice for this situation, it's important to consider several factors:
1. Lease agreement: First, check your lease agreement to see if there are any clauses related to holdover tenants or fees for not vacating on time.
2. California law: California law generally doesn't allow landlords to charge arbitrary fees. However, landlords can seek actual damages caused by a tenant's actions.
3. Notice to vacate: Ensure that the 60-day notice was properly served and complied with all legal requirements.
4. Actual damages: The landlord would need to prove that they actually incurred the $200 charge from the roofers due to your delay in moving out.
5. Communication: Did you communicate with your landlord about any difficulties in moving out on time?
Given the information provided, here are some key points to consider:
1. The landlord may have a legitimate claim for damages if they can prove the roofers actually charged them extra due to your delay.
2. However, the landlord should provide documentation of this charge.
3. It's generally not allowed for landlords to arbitrarily impose fees not specified in the lease or by law.
4. You might have some protections under California's tenant rights laws, especially if this was a no-fault eviction.
To best protect your rights and understand your obligations, you should:
1. Request documentation of the $200 charge from the roofers.
2. Review your lease agreement carefully.
3. Consider consulting with a local tenant rights organization or a lawyer specializing in landlord-tenant law for personalized advice.
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