Landlord Question and Answer Forum

Perhaps I did not make myself clear on my last posting based on the response I received. My tenant is on a month-to-month lease and has been in the property less than one year. I just received notification around October 12th that they are leaving the end of this month. They still have not give a written 30-day notice. I do have a security deposit . My question is can I withhold rents for the following month up until the time I receive the 30-day written notice to vacate? It is somewhat dismaying that landlords are held to a certain standard and tenants do not have any ramifications for not following the rules. Thank you.

Remind tenants that they are required by law to send you a written notice that they will be vacating the property. If they don’t, they are still liable for rent….. Encourage them to send you a Notice. This will remove doubt as to when you can take possession of the unit….. Rent payments can be deducted from sec.dpsts in most cases. However, you just can’t leave the unit empty (assuming they have moved) and charge them rent. You need to find a new tenant as soon as you can….. This may help.... http://www.osbar.org/_docs/public/lioa/chapter7.pdf ...... -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance

Posted by Bob R, CA on Friday, October 19, 2012