Tenant Move Out

[Member 126982]

Jurisdiction

California

Thank you for reading. I live in a house and we were 4 tenants. More than 2 months ago, we were told to vacate premise by Sept 30 because LL is selling house. All of my roommates already moved out and since my lease doesn't end until November 30, I can stay until then. My scenario is this. Let's say I find a place October 2, and the new landlord needs me to move in by October 5, or else I will lose room. I then tell my current LL on October 2 that I'm moving out October 5. LL then refuses pro-rate, refund of portion of my October rent, is that legal? Because this is exactly what LL told me. From my understanding, because we were told to vacate, I can move out anytime I find the opportunity of finding a new place (before my lease expires) considering how hard it is to find one that I also like moving into. Need your guidance please....thank you very much.

 

[army judge]

I suggest you endeavor to vacate as soon as possible.

Worrying about "what if this", what about that" accomplishes nothing.

If you have a written lease, the landlord is bound to honor the lease until your leasehold expires.

The new purchaser (assuming one materializes) must also honor the existing written lease, which is probably why the urgency for you to GET being expressed by the current owner/LL.

In some cases someone in your position can be incentivized to leave early if the LL offers you $2,000 CASH to be gone by some agreed upon date, agrees to return any deposits, and hold you harmless for vacating earlier than the lease send date because your early departure was at the LL's insistence.

If you can't leave before the end of the current leasehold, and the LL won't pay you to GET, then LL is bound (as are you) by the existing written lease.

Good luck.

 

[Member 126982]

Thank you so much for your reply. My situation is though, I paid for the month of October. The LL said, that if I leave on the 5th, I won't get any refund of the portion of October rent. If I don't leave on the 5th and move in on that day, I will lose new place. It is as if, I am put on a choke hold, that just because we were all told to vacate the premise, we are still bound to follow what is convenient for them, even if it means losing my money, a good place and forced to move in to a less desirable place just so i can fit into their "timing" and convenience. Please advise.

 

[army judge]

Hang on, mate, we have several CA rental law experts that will respond tonight or tomorrow morning.

 

[Member 126982]

Hang on, mate, we have several CA rental law experts that will respond tonight or tomorrow morning.

much appreciated!

 

[justblue]

Hang on, mate, we have several CA rental law experts that will respond tonight or tomorrow morning.

I'll tag one.

@Zigner

 

[Member 126982]

I'll tag one.

@Zigner

this is awesome...thank you for all your kindness guys! looking forward to it

 

[zddoodah]

I then tell my current LL on October 2 that I'm moving out October 5. LL then refuses pro-rate, refund of portion of my October rent, is that legal?

Of course it's legal. Why would you expect your landlord to prorate your rent if you give only 3 days' notice?

From my understanding, because we were told to vacate, I can move out anytime I find the opportunity of finding a new place

That's certainly true, but you'll be obligated under the existing lease until it expires. You noted earlier in your post that, because your "lease doesn't end until November 30, [you] can stay until then." You don't get to have it both ways. Any notice that the landlord gave you to move out before the expiration of your lease was ineffective for any purpose (other than, possibly, to put you on notice that the term of the tenancy would not continue beyond the expiration of the lease). Unless you can get the landlord to agree to relieve you of your obligation to pay through November 30, you're stuck.

 

[Member 126982]

sorry, i had to go back to this reply post and edit since i could no longer post another reply in 24 hours. i'd really appreciate it if you delete this whole post/question/inquiry. thank you very much

 

[Zigner]

thank you so much guys. i cannot figure out how to delete this post. please advise, thank you!

There is no need to delete it.

 

[zddoodah]

i'd really appreciate it if you delete this whole post/question/inquiry.

There's no valid reason for this to happen. Others may benefit from this information.

 

[Member 126982]

There is no need to delete it.

please delete. i really appreciate it

There's no valid reason for this to happen. Others may benefit from this information.

please delete. thank you

There is no need to delete it.

I'm begging you to please delete this post. Thank you very much

 

[justblue]

please delete. i really appreciate it

please delete. thank you

I'm begging you to please delete this post. Thank you very much

Give an exceptionally good reason and Admin may delete it for you...but it has to be really good because volunteers took their time to assist you and others with a situation like yours.

In this future don't post things on the internet if you are concerned that it may be view by people you know.

 

[unityunitenow]

Give an exceptionally good reason and Admin may delete it for you...but it has to be really good because volunteers took their time to assist you and others with a situation like yours.

In this future don't post things on the internet if you are concerned that it may be view by people you know.

My original member name was disabled. This is "unityunite", the creator of this post. It is my absolute remorse that I posted here and I'm very sorry, i didn't realize I caused inconvenience. I will not post again if I were just to delete. Like you guessed, yes, I wouldn't want the person concerned to read this. Please accept my apologies and delete this post. Thank you very much.