[HLS]

Lots of common sense answers, none of which substitute for the law.

The below is not legal advice, but you may want to get some.

A “security deposit” is not last months rent.

Assuming that you have a standard rental agreement,If you don’t pay by a certain date, you incur a late charge.

Upon vacating, landlord has 21 days to provide you with an itemized list of expenses/costs, which CAN include any unpaid rent + late charges, abnormal wear & tear etc.
If that is not provided(postmarked) timely, you can sue them for return of the entire deposit, and they can countersue you for back rent + late fees +

Discussing this with them in advance may OR may not work to your advantage. ALL agreements should be in writing.
SC judges hate the verbal he said/she said.

Providing a WRITTEN 30 day notice is a completely separate event from paying or not paying your rent.

To address an original comment, I don’t think that there is any requirement in CA to escrow a security deposit nor pay any interest on it to the tenant.

Most tenants and landlords haven’t got a clue what the laws actually are and it’s only when one party hires an attorney or actually reads their rights.

Usually it’s two “ignorant of the law” parties arguing over common sense.

Either take your chances and hope that your LL is clueless
OR
get some legal advice about how to protect your deposit correctly

Good Luck,, post an update when all is said and done~

[HLS]

Lots of common sense answers, none of which substitute for the law.

The below is not legal advice, but you may want to get some.

A “security deposit” is not last months rent.

Assuming that you have a standard rental agreement,If you don’t pay by a certain date, you incur a late charge.

Upon vacating, landlord has 21 days to provide you with an itemized list of expenses/costs, which CAN include any unpaid rent + late charges, abnormal wear & tear etc.
If that is not provided(postmarked) timely, you can sue them for return of the entire deposit, and they can countersue you for back rent + late fees +

Discussing this with them in advance may OR may not work to your advantage. ALL agreements should be in writing.
SC judges hate the verbal he said/she said.

Providing a WRITTEN 30 day notice is a completely separate event from paying or not paying your rent.

To address an original comment, I don’t think that there is any requirement in CA to escrow a security deposit nor pay any interest on it to the tenant.

Most tenants and landlords haven’t got a clue what the laws actually are and it’s only when one party hires an attorney or actually reads their rights.

Usually it’s two “ignorant of the law” parties arguing over common sense.

Either take your chances and hope that your LL is clueless
OR
get some legal advice about how to protect your deposit correctly

Good Luck,, post an update when all is said and done~

[HLS]

FORM..
Here are links to (2) diff bills in Congress, wanting to give you 90 days notice,,

Apparently they haven’t been voted on yet.
Call your reps and tell them to hurry up 🙂

http://thomas.loc.gov/home/c110query.html

Search for Bill #’s:
H.R.4735.IH
H.R.5963.IH
(Must be EXACT request)
OR
Word Search: Tenant Foreclosure Act

http://thomas.loc.gov/home/thomas.html

[HLS]

FORM..
Here are links to (2) diff bills in Congress, wanting to give you 90 days notice,,

Apparently they haven’t been voted on yet.
Call your reps and tell them to hurry up 🙂

http://thomas.loc.gov/home/c110query.html

Search for Bill #’s:
H.R.4735.IH
H.R.5963.IH
(Must be EXACT request)
OR
Word Search: Tenant Foreclosure Act

http://thomas.loc.gov/home/thomas.html

[HLS]

FORM..
Here are links to (2) diff bills in Congress, wanting to give you 90 days notice,,

Apparently they haven’t been voted on yet.
Call your reps and tell them to hurry up 🙂

http://thomas.loc.gov/home/c110query.html

Search for Bill #’s:
H.R.4735.IH
H.R.5963.IH
(Must be EXACT request)
OR
Word Search: Tenant Foreclosure Act

http://thomas.loc.gov/home/thomas.html

[HLS]

FORM..
Here are links to (2) diff bills in Congress, wanting to give you 90 days notice,,

Apparently they haven’t been voted on yet.
Call your reps and tell them to hurry up 🙂

http://thomas.loc.gov/home/c110query.html

Search for Bill #’s:
H.R.4735.IH
H.R.5963.IH
(Must be EXACT request)
OR
Word Search: Tenant Foreclosure Act

http://thomas.loc.gov/home/thomas.html

[HLS]

FORM..
Here are links to (2) diff bills in Congress, wanting to give you 90 days notice,,

Apparently they haven’t been voted on yet.
Call your reps and tell them to hurry up 🙂

http://thomas.loc.gov/home/c110query.html

Search for Bill #’s:
H.R.4735.IH
H.R.5963.IH
(Must be EXACT request)
OR
Word Search: Tenant Foreclosure Act

http://thomas.loc.gov/home/thomas.html

[HLS]

IF YOU HAVE A LEASE this MAY apply to you…

After signing a lease, the landlord is legally bound to deliver the rental for the entire lease term. In legalese, this duty is known as the “covenant of quiet enjoyment.” A landlord who defaults on a mortgage, which sets in motion the loss of the lease, violates this covenant, and the tenant can sue for the damages it causes…

The tenant can sue for moving and apartment-searching costs, application fees, and the difference, if any, between the new rent for a comparable rental and the rent under the old lease.

http://www.nolo.com/article.cfm/ObjectID/B8CE60DC-0D00-4E6B-8DC71AF1165C89EA/

[HLS]

IF YOU HAVE A LEASE this MAY apply to you…

After signing a lease, the landlord is legally bound to deliver the rental for the entire lease term. In legalese, this duty is known as the “covenant of quiet enjoyment.” A landlord who defaults on a mortgage, which sets in motion the loss of the lease, violates this covenant, and the tenant can sue for the damages it causes…

The tenant can sue for moving and apartment-searching costs, application fees, and the difference, if any, between the new rent for a comparable rental and the rent under the old lease.

http://www.nolo.com/article.cfm/ObjectID/B8CE60DC-0D00-4E6B-8DC71AF1165C89EA/

[HLS]

IF YOU HAVE A LEASE this MAY apply to you…

After signing a lease, the landlord is legally bound to deliver the rental for the entire lease term. In legalese, this duty is known as the “covenant of quiet enjoyment.” A landlord who defaults on a mortgage, which sets in motion the loss of the lease, violates this covenant, and the tenant can sue for the damages it causes…

The tenant can sue for moving and apartment-searching costs, application fees, and the difference, if any, between the new rent for a comparable rental and the rent under the old lease.

http://www.nolo.com/article.cfm/ObjectID/B8CE60DC-0D00-4E6B-8DC71AF1165C89EA/

[HLS]

IF YOU HAVE A LEASE this MAY apply to you…

After signing a lease, the landlord is legally bound to deliver the rental for the entire lease term. In legalese, this duty is known as the “covenant of quiet enjoyment.” A landlord who defaults on a mortgage, which sets in motion the loss of the lease, violates this covenant, and the tenant can sue for the damages it causes…

The tenant can sue for moving and apartment-searching costs, application fees, and the difference, if any, between the new rent for a comparable rental and the rent under the old lease.

http://www.nolo.com/article.cfm/ObjectID/B8CE60DC-0D00-4E6B-8DC71AF1165C89EA/

[HLS]

IF YOU HAVE A LEASE this MAY apply to you…

After signing a lease, the landlord is legally bound to deliver the rental for the entire lease term. In legalese, this duty is known as the “covenant of quiet enjoyment.” A landlord who defaults on a mortgage, which sets in motion the loss of the lease, violates this covenant, and the tenant can sue for the damages it causes…

The tenant can sue for moving and apartment-searching costs, application fees, and the difference, if any, between the new rent for a comparable rental and the rent under the old lease.

http://www.nolo.com/article.cfm/ObjectID/B8CE60DC-0D00-4E6B-8DC71AF1165C89EA/

[HLS]

FORM,
I think that you can sight tight. You may even now need to receive a 60 day notice, as a FC’d tenant..
perhaps DaCounselor will reply…..

I’ll see if I can find the updated regs.

You don’t need to go anywhere for awhile, unless they offer you cash, and then you can negotiate until you agree.

a 30 day or 60 day notice needs proper service, and it’s important.

You prob don’t need to pay any rent either to the new owner (lender), and I would also take your landlord to small claims court.
File it 22 days after you vacate the property.

Security deposit is NOT last months rent, unless it’s accounted for properly. Some SC judges just love to chew up and spit out ignorant landlords.

You’re dealing with some legal technicalities, but should have time…

Please post and update your situation!

[HLS]

FORM,
I think that you can sight tight. You may even now need to receive a 60 day notice, as a FC’d tenant..
perhaps DaCounselor will reply…..

I’ll see if I can find the updated regs.

You don’t need to go anywhere for awhile, unless they offer you cash, and then you can negotiate until you agree.

a 30 day or 60 day notice needs proper service, and it’s important.

You prob don’t need to pay any rent either to the new owner (lender), and I would also take your landlord to small claims court.
File it 22 days after you vacate the property.

Security deposit is NOT last months rent, unless it’s accounted for properly. Some SC judges just love to chew up and spit out ignorant landlords.

You’re dealing with some legal technicalities, but should have time…

Please post and update your situation!

[HLS]

FORM,
I think that you can sight tight. You may even now need to receive a 60 day notice, as a FC’d tenant..
perhaps DaCounselor will reply…..

I’ll see if I can find the updated regs.

You don’t need to go anywhere for awhile, unless they offer you cash, and then you can negotiate until you agree.

a 30 day or 60 day notice needs proper service, and it’s important.

You prob don’t need to pay any rent either to the new owner (lender), and I would also take your landlord to small claims court.
File it 22 days after you vacate the property.

Security deposit is NOT last months rent, unless it’s accounted for properly. Some SC judges just love to chew up and spit out ignorant landlords.

You’re dealing with some legal technicalities, but should have time…

Please post and update your situation!

[Author]

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