Are there rules in California re: return of pro-rated rent (I moved early for landlord's convenience) (apartment, agreement)
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- I had an agreement to sublet an apartment until Sept. 30.
- The woman I was subletting from returned early from her trip. She sent me a note saying that if I moved out early, she would prorate the rent.
- I moved out early (on the 17th).
How long do I give her to return the prorated rent?
We are having a dispute over the security deposit (I WILL NEVER SUBLET AGAIN), and she seems to be withholding the prorated rent she promised me, along with the security deposit. I understand she has 21 days for the deposit - but can I ask her for the prorated rent before that??
Feeling completely screwed here.
Thanks in advance for any help and advice you can provide.
Sorry - do you mean wait to see if she returns the pro-rated rent along with the security deposit?
I'm hoping there's some other guideline that applies the pro-rated rent since I'm no longer living in the unit (again - for her convenience), but have paid through the end of the month. (I paid for the month before she asked me to vacate early.)
- I had an agreement to sublet an apartment until Sept. 30.
- The woman I was subletting from returned early from her trip. She sent me a note saying that if I moved out early, she would prorate the rent.
- I moved out early (on the 17th).
How long do I give her to return the prorated rent?
We are having a dispute over the security deposit (I WILL NEVER SUBLET AGAIN), and she seems to be withholding the prorated rent she promised me, along with the security deposit. I understand she has 21 days for the deposit - but can I ask her for the prorated rent before that??
Feeling completely screwed here.
Thanks in advance for any help and advice you can provide.
Was this a documented sublease, or a handshake and a promise?
Was this a documented sublease, or a handshake and a promise?
A documented sublease, although there's no reference to returning prorated rent in the lease.
Further details if they help: We signed a contract originally for 4 months. In the fourth month, she asked if I wanted to extend an extra month (through end of September). We have this in an email exchange. Then, on Sept. 11 she notified me that she had returned early and said if I would be willing to vacate before the end of the month that she would "happily prorate you for the month of September. Also, I will gladly handle the utilities for the entire month if it is early enough in the month."
I'm not even asking about her offer to take care of the utilities, even though I moved out within one week of her making this offer.
A documented sublease, although there's no reference to returning prorated rent in the lease.
Further details if they help: We signed a contract originally for 4 months. In the fourth month, she asked if I wanted to extend an extra month (through end of September). We have this in an email exchange. Then, on Sept. 11 she notified me that she had returned early and said if I would be willing to vacate before the end of the month that she would "happily prorate you for the month of September. Also, I will gladly handle the utilities for the entire month if it is early enough in the month."
I'm not even asking about her offer to take care of the utilities, even though I moved out within one week of her making this offer.
What is the dispute over the deposit?
She sounds like a major B based on your story. I mean you accommodated her both when she asked you to do an extra month and when she changed her mind.
If I were her, I would give you your pro-rated rent back and deal with the deposit separately. It's two separate agreements.
However, there are instances where last month's rent is withheld to pay for damages (I watch Judge Judy)
The apartment came furnished and she's saying that the couch and area rug need to be cleaned because they were brand new when she left and now they are "disgusting" -- which cannot be true because I washed the couch covers in the washing machine the day I left, thinking I was going above and beyond to return her apartment in good condition. The rug was vaccumed as well, though I didn't steam clean it or anything.
But she's saying she's going to deduct the fee for having both professionally cleaned. I don't think this is fair since she didn't have them professionally cleaned before she left (I don't know if they were "brand new" but the apartment was dirty when I moved in because she left in a hurry).
She sounds like a major B based on your story. I mean you accommodated her both when she asked you to do an extra month and when she changed her mind.
Well, I agree with you of course but I'm mostly trying to protect myself now and find out what's fair and what's legal.
If I were her, I would give you your pro-rated rent back and deal with the deposit separately. It's two separate agreements.
However, there are instances where last month's rent is withheld to pay for damages (I watch Judge Judy)
I don't believe there are any damages to repair (I've been reading up on the difference between "normal wear and tear" and "damages"), and the thing I'm worried about is -- she has half a month's rent (that I prepaid before she asked me to leave early), PLUS a security deposit equal to a whole month's rent. So, in my view, she has $650 + $1500. And she's sending me ranting texts about how awful I left her place (it was cleaner than when I moved in!) and saying she'll "be in touch" after she has her stuff professionally assessed.
There is no written law nor is she under any obligation to return the pro-rated rent balance within a certain amount of time, if that is what you are asking.
Sure, you can definitely ask her and see if she will return it right away but if she doesn't and you can't convince her to do so, then wait and see if she returns it with your sec dep within the 21 days.
If she doesn't return both, or either one, then send her a demand letter on the 22nd day asking for whatever she has not returned to you and if she doesn't comply within 10 days you will sue her for the money. Quote both (or either, depending upon what she did not return), the CA sec dep return law and also tell her that you have email proof of her agreement to refund the rent balance and pay the full month's utilities, if she owes you any utility payments. If she doesn't respond within that 10 days then file a suit in small claims court and sue her for everything that you think she owes you all at once.
There is no use fighting for one thing now if you might end up having to fight her for both after the 21st day.
I hope you took pictures for proof on how things looked when you left otherwise it will be a he said/she said battle on the sec dep issue, if she doesn't return as much as you are expecting. She also will need to provide proof of what her deductions were with receipts, etc.
There is no written law nor is she under any obligation to return the pro-rated rent balance within a certain amount of time, if that is what you are asking.
Yes, that is what I was hoping to get information about -- thank you!
Sure, you can definitely ask her and see if she will return it right away but if she doesn't and you can't convince her to do so, then wait and see if she returns it with your sec dep within the 21 days.
If she doesn't return both, or either one, then send her a demand letter on the 22nd day asking for whatever she has not returned to you and if she doesn't comply within 10 days you will sue her for the money. Quote both (or either, depending upon what she did not return), the CA sec dep return law and also tell her that you have email proof of her agreement to refund the rent balance and pay the full month's utilities, if she owes you any utility payments. If she doesn't respond within that 10 days then file a suit in small claims court and sue her for everything that you think she owes you all at once.
There is no use fighting for one thing now if you might end up having to fight her for both after the 21st day.
I hope you took pictures for proof on how things looked when you left otherwise it will be a he said/she said battle on the sec dep issue, if she doesn't return as much as you are expecting. She also will need to provide proof of what her deductions were with receipts, etc.
Thank you for this. Very helpful. Looks like I'll be biting my nails for the next couple of weeks.
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