We have to move out

[bbothwell]

Our lease ended in June, we have never re-signed a lease of any kind but have been paying rent since then, (it is now October). We don't have the money to pay our rent which was due October 15, and we informed our landlord we have to move out in a week, and use rent money to move out of state. She is threatening us with consequences, though we are not on a lease and have no money to pay rent. What are our rights and what are hers? She has $2,300 security deposit, and rent is $2200. It is now October 16th.

 

[jacksgal]

The landlord can sue you for unpaid rent and likely one additional month. Deposit is not for rent but for damages

 

[mightymoose]

When your lease "ended", it did not really end. Your lease became a month to month lease, and you still have the same obligations toward your landlord regarding notice of the move out.

Your best option is to make sure the place is as clean as possible and to do your best to help the landlord find a tenant that can move in immediately. The less of a loss the landlord has, the less the landlord can sue you for.

At this point you owe rent for the entire month, but had you given proper notice you could have paid a pro-rated amount.

I suspect you will not get much of your $2300 back. You would have to resolve this matter in court, but since you are leaving the state you might find that hard to do.

 

[Gail_in_Georgia]

Attached is information regarding "periodic tenancies" or month to month tenancies in California:

http://www.dca.ca.gov/publications/landlordbook/before-rent.shtml

As a general rule, the length of this type of "lease" is determined by how frequently you pay rent. If weekly, this is a week to week tenancy, if monthly, a month to month tenancy. How much written (not oral) notice either side is required to provide to end this type of tenancy depends on the length of the lease. In most cases this is going to be 30 days notice.

Quite honestly, your landlord will likely use your security deposit to cover what you owe in rent. They may not continue this further through the legal system since you are moving out of state.

Gail