Landlord suddenly claming rights to deposit

[CArenter]

Hi everyone,

This is my first post, and I apologize for the length, but I am incredibly grateful to anyone who will offer some advice...

I rented a room in someone's apartment on a month-to-month lease. After only a few days there, I ended up having to leave because it become likely I would lose my job in the near future (the 'landlord' knew this was likely to happen, and I have several back and forth emails where this was explicitly stated). I told her orally and through email I would leave within 30 days, but I didn't give her written notice in the form of a letter. I was not added to the formal lease she has with the actual building landlord, and have no idea if the actual landlord knew of my presence there.

At the time of moving in, I gave her last month's rent and a security deposit. We decided that the only month I would stay there (February) would be covered by this rent (I have emails to prove this, since she now disputes this suddenly). I have proof in email conversations that I was to move out at the end of the month, have this count as my 'last month', and that she would mail me my deposit. 21 days have lapsed and she now disputes everything suddenly, even claming that I didnt give written notice.

I feel as though she was waiting for me to either move out of the state (I was possibly facing this as a result of unemployment) or to just go away, so she was fully aware and in agreement of the situation. I'm not an idiot and during these times, if I knew she was going to hold on to my deposit I would have just stayed. She is making me believe that she would only return my deposit if no one else moved in-I don't see how this is legal. I think if I take her to court she is going to try and make it seem as if I 'knew' that she 'needed' rent through March and that I was aware of this ludicrous idea that if she didn't get a renter I would give her a 'bonus' month. But if this unbelievable situation was something I entered into willingly, I certainly wouldn't have sent emails asking for my deposit back BY THE 21ST and then later proceed to sue. I have also clearly stated in my emails that I cannot stay in March and that I would do what I could to help (ie-meeting all of her demands when people came to see the place).

Do I have a case at getting my deposit back in Small Claims? The only thing I could possibly see her winning on is the fact that I didn't give her a letter when I planned to move out-but as I mentioned, I have emails that prove she was aware. I left the place in good condition and did everything correctly. I just need to know if this is an important technicality as I am afraid it might come back and bite me.

 

[Gail_in_Georgia]

I'm assuming from your name this took place in California, correct?

If so, the attached may help explain the proper way the law sees one (either the landlord or the tenant) as serving notice they are terminating a periodic tenancy:

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

Whether a judge will decide if emails can be substituted for a written notice would depend on the particular judge presiding over the case.

Gail

 

[CArenter]

Hi, thanks a lot for your reply. I am in California and I did see that site you mentioned, but it doesn't clafiry the email issue.

I think that my landlord has to legally return my deposit to me, as she is not allowed to use this to cover any rent she thinks she is due.

Now, on the second issue of trying to get me for an extra month's rent, if she were to sue me for this and claim I didn't give written notice because there was no physical letter, my question is how can it be legal for someone to give every indication that she is aware and in agreement of what's giong on (me giving notice in the manner I did and stating I expect my security depsit) but then turn around and dispute it all? It doesnt seem fair; had I known she would act this way i would have just stayed-I don't have the money to throw around like this.

Thanks for any additional help you can provide. I feel I have a strong case, but this stupid email issue is bothering me and I need some arguments and / or case examples.

Thanks

 

[Gail_in_Georgia]

Unfortunately, unpaid rent IS one of the four reasons that a security deposit can be used for in California.

Gail

 

[CArenter]

Ok, but she didn't reply to me within the 21 days, and I also have proof that my last month's rent was paid.

I'm sorry my question about the written notice isn't really being answered

 

[Gail_in_Georgia]

Actually, your question in regards to a written notice was answered.

The recommendation is that the 30 day notice to terminate a month to month contract be written and either presented in person or mailed in a registered letter so the sender has documentation of such.

Will a judge accept an email as proof of notice? Again, it would depend on the particular judge presiding over the case at the time. Many are "sticklers" for written documentation.

Gail