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Old 09-30-2017, 02:59 AM
 
2 posts, read 1,446 times
Reputation: 13

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I am currently in a 6 month lease from 04/12/2017 - 10/11/2017, I turned in a notice to vacate on 09/12 for the date of 10/12. Am I obligated to pay a full months rent with no recourse for refund of the 18 days after move out? Lease would become periodic if no renewal acceptance was turned in, which was not. Trying to figure out what my action should be and how to handle the situation.
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Old 09-30-2017, 03:32 AM
 
Location: Calif
671 posts, read 445,675 times
Reputation: 1483
No. But, did you get verification that you did indeed turn in the proper notice? If not, they could state you never notified them. Hope you got a receipt that you did indeed give it.
They have 21 days to give you your deposit back. Yes, 21 days. And whatever they keep, they have to attach copies of receipts of what they had to do to make it available for the next tenant. Did you do a move-in/move-out sheet stating the conditions of the unit you are renting? I hope so, because it will be their word against yours concerning any damages that may have been present when you moved in.

I am a retired property manager. If in doubt of what your rights are, google. I found a few for you:

California Tenants - California Department of Consumer Affairs

https://sandiego.housingcollaborativ...rights/?page=6
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Old 09-30-2017, 03:44 AM
 
2 posts, read 1,446 times
Reputation: 13
Yes I did receive verification I turned in the proper notice, retained my own copy and also filled out a second form with the same date they had also requested. Yes I did the move in/move out sheet and have scheduled the walk through of the apartment.
I like to think I have all my ducks in a row but my rent showed the full amount due for this month after having contacted them previously in the week with prorated rent question which I did not receive a reply to. I am planning to visit the office tomorrow and discuss whether they will also refund the remaining days of rent when keys are turned in.

Thanks for the resources, was having a difficult time locating all of them pertaining to this scenario.
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Old 09-30-2017, 05:43 AM
 
Location: The Triad
34,090 posts, read 82,975,811 times
Reputation: 43666
Quote:
Originally Posted by Scott San Diego View Post
I am currently in a 6 month lease from 04/12/2017 - 10/11/2017,
I turned in a notice to vacate on 09/12 for the date of 10/12.
What has your rent due date been?

Quote:
Am I obligated to pay a full months rent (Oct 1?) ...
with no recourse for refund of the 18 days after move out?
You shouldn't be.

Quote:
Trying to figure out what my action should be and how to handle the situation.
It's called TALKING to the owner.
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Old 09-30-2017, 06:21 AM
 
Location: Central Virginia
6,562 posts, read 8,393,687 times
Reputation: 18799
Quote:
Originally Posted by Scott San Diego View Post
I am currently in a 6 month lease from 04/12/2017 - 10/11/2017, I turned in a notice to vacate on 09/12 for the date of 10/12. Am I obligated to pay a full months rent with no recourse for refund of the 18 days after move out? Lease would become periodic if no renewal acceptance was turned in, which was not. Trying to figure out what my action should be and how to handle the situation.
Could it be because you are staying one day beyond your lease agreement? If your lease ends on 10/11, that's when you should be out and keys returned to the landlord - not the day after.
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Old 09-30-2017, 11:03 AM
 
Location: Phoenix, AZ
6,341 posts, read 4,905,591 times
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Quote:
Originally Posted by Scott San Diego View Post
I am currently in a 6 month lease from 04/12/2017 - 10/11/2017, I turned in a notice to vacate on 09/12 for the date of 10/12. Am I obligated to pay a full months rent with no recourse for refund of the 18 days after move out? Lease would become periodic if no renewal acceptance was turned in, which was not. Trying to figure out what my action should be and how to handle the situation.
Your lease runs through 10/11/2017. Your lease is a contract. You owe rent through 10/11/2017, which is when your tenancy contractually terminates and that's when the 21 day security deposit period starts.

If you don't pay through 10/11 your security deposit can be applied to the unpaid rent.

By the way, if you are still there on 10/12 you owe for another month as a holdover tenant. You need to be out ON or BEFORE 10/11.
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Old 09-30-2017, 02:32 PM
 
Location: Riverside Ca
22,146 posts, read 33,537,436 times
Reputation: 35437
Quote:
Originally Posted by Scott San Diego View Post
I am currently in a 6 month lease from 04/12/2017 - 10/11/2017, I turned in a notice to vacate on 09/12 for the date of 10/12. Am I obligated to pay a full months rent with no recourse for refund of the 18 days after move out? Lease would become periodic if no renewal acceptance was turned in, which was not. Trying to figure out what my action should be and how to handle the situation.
my leases always end on the end of the month. I prorate the initial first month move in then you get 11 or 12 or however many full months (not to exceed 12 months) after that depending on what you want. You must give a 30 day notice. Regardless when you start the lease states the 30 day notice must be given on the 1st of the month. So even if you give me notice the way you did you would be required to pay the full month. You can leave whenever you want within that month. You just won't be getting any money back for rent paid. Most people tend to move on the first. And also it gives me the flexibility to allow additional prorated tenancy.
For example my former tenant in a rental gave notice. He was buying a house. The escrow didn't close and they needed a additional 15 days.
I structured all my leases as such because it was more difficult to deal with fractional month occupancy and if someone overstays I can immediately start eviction for unlawful detainer.

In your case it really depends on what is written in your lease for lease termination notices. If you gave proper notice all you should be liable for is the days you occupy for the remaining month. you must give 30 day notices and does not specify when to give notice it's 30 calendar days. If it specifies when you are to give notice then you follow that
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Old 09-30-2017, 10:47 PM
 
Location: Calif
671 posts, read 445,675 times
Reputation: 1483
Quote:
Originally Posted by adjusterjack View Post
Your lease runs through 10/11/2017. Your lease is a contract. You owe rent through 10/11/2017, which is when your tenancy contractually terminates and that's when the 21 day security deposit period starts.

If you don't pay through 10/11 your security deposit can be applied to the unpaid rent.

By the way, if you are still there on 10/12 you owe for another month as a holdover tenant. You need to be out ON or BEFORE 10/11.
You have until Midnight to turn in your keys on the 11th. Not one minute later. Then again, if their office closes, you might want to do it and get a receipt that you turned in the keys.
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