Ethical dilemma

[PadreBrian]

Yep, apply the deposit. They can do an inspection before, to make sure nothing has been destroyed.

[PCinSD]

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.

In any event, these are mere ramblings of something I know absolutely nothing about, but rather just looked it up on this site:
http://www.dca.ca.gov/publications/landlordbook/terminations.shtml

Good luck!

pabloesqobar

[PCinSD]

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.

In any event, these are mere ramblings of something I know absolutely nothing about, but rather just looked it up on this site:
http://www.dca.ca.gov/publications/landlordbook/terminations.shtml

Good luck!

pabloesqobar

[PCinSD]

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.

In any event, these are mere ramblings of something I know absolutely nothing about, but rather just looked it up on this site:
http://www.dca.ca.gov/publications/landlordbook/terminations.shtml

Good luck!

pabloesqobar

[PCinSD]

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.

In any event, these are mere ramblings of something I know absolutely nothing about, but rather just looked it up on this site:
http://www.dca.ca.gov/publications/landlordbook/terminations.shtml

Good luck!

pabloesqobar

[PCinSD]

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.

In any event, these are mere ramblings of something I know absolutely nothing about, but rather just looked it up on this site:
http://www.dca.ca.gov/publications/landlordbook/terminations.shtml

Good luck!

pabloesqobar

[seattle-relo]

I agree with jpinpb, it seems to make sense to let them know that you plan on having them apply your security deposit to the last months rent. It seems that in the case open communication with your landlord would be the best approach – they have already opened up with you about the possibility of defaulting on the loan. You may also want to document all the maintence and costs associated that you have done to keep the property in good condition.
Congratulations on your new home, you must be excited!

[seattle-relo]

I agree with jpinpb, it seems to make sense to let them know that you plan on having them apply your security deposit to the last months rent. It seems that in the case open communication with your landlord would be the best approach – they have already opened up with you about the possibility of defaulting on the loan. You may also want to document all the maintence and costs associated that you have done to keep the property in good condition.
Congratulations on your new home, you must be excited!

[seattle-relo]

I agree with jpinpb, it seems to make sense to let them know that you plan on having them apply your security deposit to the last months rent. It seems that in the case open communication with your landlord would be the best approach – they have already opened up with you about the possibility of defaulting on the loan. You may also want to document all the maintence and costs associated that you have done to keep the property in good condition.
Congratulations on your new home, you must be excited!

[seattle-relo]

I agree with jpinpb, it seems to make sense to let them know that you plan on having them apply your security deposit to the last months rent. It seems that in the case open communication with your landlord would be the best approach – they have already opened up with you about the possibility of defaulting on the loan. You may also want to document all the maintence and costs associated that you have done to keep the property in good condition.
Congratulations on your new home, you must be excited!

[seattle-relo]

I agree with jpinpb, it seems to make sense to let them know that you plan on having them apply your security deposit to the last months rent. It seems that in the case open communication with your landlord would be the best approach – they have already opened up with you about the possibility of defaulting on the loan. You may also want to document all the maintence and costs associated that you have done to keep the property in good condition.
Congratulations on your new home, you must be excited!

[EconProf]

BobS
I’d fully advise them of your plan to apply the deposit on the last day of the grace period to pay rent–usually 5 days. Try to get their acquiescence, be friendly & reasonable, showing them how they will be protected. IF they then chose to give a 3-day notice, then the clock starts ticking. Your goal is to keep pushing the date back until it becomes moot.
They have to SERVE you with the notice, which may take a few days (get the proper form, fill it out perfectly, serve it in person). Then there is, I believe, 3 weeks minimum after they file an unlawful detainer which cannot start until after the end of the 3-day notice period, weekends and holidays not counted. This should put you easily into September. Besides, you can further delay the court date by ANSWERING the complaint on the form you are served on. This gives many more days.
IF you show up in court with all your evidence, you should prevail, but will most likely not be necessary.

[EconProf]

BobS
I’d fully advise them of your plan to apply the deposit on the last day of the grace period to pay rent–usually 5 days. Try to get their acquiescence, be friendly & reasonable, showing them how they will be protected. IF they then chose to give a 3-day notice, then the clock starts ticking. Your goal is to keep pushing the date back until it becomes moot.
They have to SERVE you with the notice, which may take a few days (get the proper form, fill it out perfectly, serve it in person). Then there is, I believe, 3 weeks minimum after they file an unlawful detainer which cannot start until after the end of the 3-day notice period, weekends and holidays not counted. This should put you easily into September. Besides, you can further delay the court date by ANSWERING the complaint on the form you are served on. This gives many more days.
IF you show up in court with all your evidence, you should prevail, but will most likely not be necessary.

[EconProf]

BobS
I’d fully advise them of your plan to apply the deposit on the last day of the grace period to pay rent–usually 5 days. Try to get their acquiescence, be friendly & reasonable, showing them how they will be protected. IF they then chose to give a 3-day notice, then the clock starts ticking. Your goal is to keep pushing the date back until it becomes moot.
They have to SERVE you with the notice, which may take a few days (get the proper form, fill it out perfectly, serve it in person). Then there is, I believe, 3 weeks minimum after they file an unlawful detainer which cannot start until after the end of the 3-day notice period, weekends and holidays not counted. This should put you easily into September. Besides, you can further delay the court date by ANSWERING the complaint on the form you are served on. This gives many more days.
IF you show up in court with all your evidence, you should prevail, but will most likely not be necessary.

[EconProf]

BobS
I’d fully advise them of your plan to apply the deposit on the last day of the grace period to pay rent–usually 5 days. Try to get their acquiescence, be friendly & reasonable, showing them how they will be protected. IF they then chose to give a 3-day notice, then the clock starts ticking. Your goal is to keep pushing the date back until it becomes moot.
They have to SERVE you with the notice, which may take a few days (get the proper form, fill it out perfectly, serve it in person). Then there is, I believe, 3 weeks minimum after they file an unlawful detainer which cannot start until after the end of the 3-day notice period, weekends and holidays not counted. This should put you easily into September. Besides, you can further delay the court date by ANSWERING the complaint on the form you are served on. This gives many more days.
IF you show up in court with all your evidence, you should prevail, but will most likely not be necessary.

[Author]

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