안녕하세요. Security deposit을 돌려 받는 과정 중에 landlord와의 문제로 인하여 법적으로 어떤 부분들이 틀렸는지 알고 싶어서 올려 보게 되었습니다. 과정에 있어서 모든 e-mail들과 서류 copy들은 다 가지고 있습니다. 1년 계약으로 살던 집에서 계약이 끝나던 달에 재계약을 안 하고 이사를 나가기 전까지만 month-to-month로 지불을 하며 살기로 한 상황에서 일어난 과정들 입니다. 답변 주시면 정말 감사하겠습니다!
1. 30days notice: on November 22, 2013, I as the monthly tenant sent the landlord a notice to vacate which makes the official move-out/rent payment date up until December 21, 2013.
2. Last payment: on November 29, 2013, I wrote and sent the last payment to the landlord
3. Move-out: on December 15, 2013, I moved out and the leasing agent of the landlord’s property confirmed the property condition as well. She wrote to the landlord, "She left the place in good clean condition with no visible damage".
4. Security deposit: on January 04, 2014, I did not receive my security deposit $5,000.00 + key security deposit $50.00. Under California law, landlord is required to return tenant’s deposit and/or send an accounting of any portion withheld within 21 days after the date of vacate.
5. E-mail notice: on January 22, 2014, I sent an e-mail to the landlord requesting an immediate action regarding the deposit return.
6. E-mail reply: on January 23, 2014, I received an e-mail reply, “Your refund check went in the mail last Tuesday”, which means that the check must have any date written no later than January 14, 2014.
7. Received deposit: on January 24, 2014, I received a mail in an envelope postmarked by Westchester, NY on January 21, 2014. Inside the envelope, there was a single check written for me of $4,160.00 from the landlord written on January 19, 2014. According to the landlord, he has deducted the “remaining balance” from security deposit. He says I am a monthly tenant so my payment must cover up until the end of December, 2013. As I have said, I gave him a 30days notice as requested on November 22, 2013 meaning that I am only responsible for the payment up until December 21, 2013.
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You didn't make it clear that the payment you made on November 29th
is for the month of November or December.
Regardless, it appears that the landlord has no right to deduct the
portion of security deposit for the remaing days of December since you gave the landlord a 30 days notice.
Here is the reference to the California Statutes.
California Landlord-Tenant Practice § 8.73 (2d ed Cal CEB 2008)
§ 8.73 3. 30 or 60 Days to Vacate; Service in Middle of Term
Any termination notice given under CC § 1946 or § 1946.1 should state specifically that the month-to-month tenancy will terminate in 30 or 60 days, whichever applies. In Kingston v Colburn (1956) 139 CA2d 623, 293 P2d 805, the court held that a notice giving fewer than 30 days to vacate was ineffective on the date stated in the notice, but was effective to terminate the tenancy after 30 days.
For termination of a month-to-month tenancy, a 30-day notice need not be served at the beginning of a given 30-day period of the tenancy. Under CC § 1946, the 30-day notice may be served "at any time and the rent shall be due and payable to and including the date of termination." Similarly, CC § 1946.1 does not require the 60-day notice to be given on any particular date relative to rent payment for a month-to-month tenancy. Thus, a 30-day or 60-day notice may be served at any time during the month, and the rent will be apportioned for the days of possession during the following month. In Wheeler v Bainbridge (1948) 84 CA2d Supp 849, 191 P2d 134, a 30-day notice was served on October 13, and the November rent was due on November 8. Because rent for an entire month was $ 50.50, the tenant owed $ 10.10 as the apportioned amount for the period from November 8 to November 13, when the tenancy was terminated.
이원석 변호사|01/27/2014 09:19 am
