I’m no expert in landlord/tenant law. When in August are you planning on vacating the rental? As I understand it, if you don’t pay rent in August when it’s due they can:
1. Serve you with a 3 day notice to vacate (or pay the rent). Now the clock is running (if you’re still there).
2. If you’re still there and don’t leave or pay within 3 days, the Landlord can file an unlawful detainer lawsuit.
3. Once filed it can be served on you. Once you’re served you typically have 5 days to file an answer.
4. Trial dates are usually scheduled within a short time frame given the nature of the relief being demanded (possession).
So, if you plan on being out of there within the first week of August then there’s no point in seeking to have you evicted – not to say the couldn’t, tho. Now they would only need to go after you for monetary damages, i.e. lost rental income.
What the other posters advised is spot on. IF you get sued for August’s rent payment, you may still be entitled to your $2300 deposit back, less any legitimate deductions for cleaning/repairs. If you have receipts, videos, etc. showing you left it in the condition it would have been had the Landlord done a reasonable job themselves, then theoretically you could be entitled to your entire deposit back. If that’s the case, the Landlord just waisted their time by suing you for one month’s worth of rent when they are likewise obligated to return your entire deposit.
