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View Poll Results: I do not know what to do...
Should I let it go and be thankful to have a better place to live 2 66.67%
File a case in small claims 1 33.33%
Cash the check 0 0%
Voters: 3. You may not vote on this poll

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Old 12-20-2008, 02:35 PM
 
Location: California
1 posts, read 2,687 times
Reputation: 10

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What should I do? I just received my security deposit refund in the mail and they charged me for 8 extra days of rent.

Here's my story:
On 11/1, I wrote a letter to my landlord along with my rent for the month. The letter addressed the issues I have with the apartment and request to be released from my lease with no penalties or losses. The apartment was filled with rats running through the walls and I have occurred water damage from the heavy rains this year. To make a long story short, I turned in my rent on 11/3 since 11/1 was a Saturday with the letter and received a phone call from my landlord on 11/4 releasing me from my lease. I requested and received their agreement to release me in writing. I gave my notice and I moved out on 11/30. My walk-through was scheduled on 12/1 because 11/30 was a Sunday and they are not open on the weekends. I was running late to the walk-through but when I got there, my landlord was gone. I called her and she completed the walk-through without me. I went to the office to turn in my keys, she charged me rent for that day. I knew that was not right, but I let it go. My security deposit was $550.00. She told me I should receive no less than $480.00. I left the apartment cleaner than I received it. My check comes today and it's $247.50. They charged me for rent for 8 additional days because the new tenants did not move in until 12/10.

Can they charge me for extra rent when I moved out on 11/30? I'm thinking about suing them in small claims. Do I have a case?
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Old 12-20-2008, 05:51 PM
 
Location: Columbia, California
6,664 posts, read 30,617,939 times
Reputation: 5184
If it took that long to make it habitable then yes, but the deposit was returned minus the 8 days plus the one for the first. So yes you could sue. Is it worth it to go to the court for $300?

I would talk to the landlord and tell them you are considering sueing for Nov as well since the water leakage and rats. They might be more willing to settle out of court for the $300.
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Old 12-20-2008, 06:14 PM
 
1,319 posts, read 4,243,787 times
Reputation: 1152
Talk to the landlord. Tell him you will take him to court. If he says "take me to court", then offer to settle for half. If he pays you that is great. If he doesn't then you have to decide if you want to go to court. Remember, he may counter sue.
For $300 I would drop it if he doesn't give anything.
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