Landlord Question and Answer Forum

the tenant told the landlord on Jan.31, 2011, that they had found another place to live and they were moving out by March 1, 2011. Then around Feb. 3 the tenant told landlord they were moving out the second weekend in Feb. Still the tenant is promising to pay Feb. rent. Then on Feb. 9th, the tenant calls landlord and tells her they are moving on the 11th of Feb. and will prorate rent payment from first of month to the move-out date (prorate payment for 11 days of 28 in Feb. Landlord informs tenant that the full rent payment for Feb. is due and that is the purpose of requesting a 30 day notice of intent to move. The tenant has moved and has not paid Feb. rent. No security deposit was paid because she moved there originally to take care of her terminally ill grandmother, who did not pay a security deposit. After grandmother died she continued to live in the apt. and paid as monthly amt due. What legal recourse does landlord have to get the Feb rent due?

The landlord's recourse is to take the tenant to small claims court for the outstanding rent, obtain a judgment, and try to collect it.

Posted by Ralph F, CA on Tuesday, February 22, 2011