Location: California, US
Hi all, I was just wondering if you all think this would hold up in small claim's court. Our landlord delivered us an official 45 day notice which ended on June 26th, 2017. However, he also asked us to move out sooner than that as he was trying to sell the home as soon as possible. We honored his request as respect to him and moved out on 5/30/17. However, now he is insinuating that we owe for rent up until June 26.
While what he did was shady, do you think we have a foot to stand on if this goes to court?
(Obviously, I know this is not official legal advice. I just want some opinions if this is worth pursuing).
Please see below.
Re: Notice to Vacate Premises dated May 12th, 2017
We (Tenant1, Tenant2, and Tenant3) have officially ended our tenancy at [address] as of 5/30/17. We acknowledge that we were to vacate the property referenced above by no later than 12:00 noon on Monday June 26th, 2017 as per the 45-day notice that we received by Landlord on 5/12/17. We complied with Landlord's request to leave the home “as soon as possible” as he stated in our phone conversation on 5/9/17. During a previous texting conversation on 5/7/17, which Landlord originally delivered a 30-day notice (which he redacted in favor of a 45-day written notice) Landlord also gave us permission to “move out sooner” than his stated final evacuation date.
Due to Landlord's request of expediting the move-out process and moving as soon as possible, we moved out as soon as we found a suitable home. We have kept Landlord up-to-date regarding our move-out plans such as informing him on 5/18/17 that we would be signing our lease for our new rental home on 5/26/17. Landlord also contacted Tenant1 on 5/28/17 asking when we would be fully moved-out as he was eager to complete our walk-through, to which Tenant stated that we would be fully moved out and ready for a walk-through within two days’ time (by 5/30/17). Landlord also lives on the property and has been able to see that we were in the process of moving, therefore, he has been kept aware of this process.
We removed all our belongings and cleaned the property to restore it to the same (or better) condition as when we originally rented the unit. To comply with our 45-day notice, which states “the final walkthrough to follow immediately after tenants Tenant1, Tenant2, and Tenant3 are moved out and have surrendered the premises” we have requested a walkthrough on 5/30/17, however, Landlord stated we “have plenty of time” for the walkthrough and that he would be open to doing it the following week and per his request we are waiting for him to let us know when he is ready for the final walk-through to happen.
Due to the condition of the home (in similar condition to when we rented the property, clean, and with no damage), we have every reason to believe that we will be receiving our full deposit in the amount of $X,XXX within 14 days (6/13/17) after we have moved out completely (5/30/17) as stated in our rental agreement dated 3/3/17.
We have left the 4 copies of the home’s keys that we have in our possession as well as the 1 copy of the storage shed’s key on the kitchen counter nearest the refrigerator on 5/30/17 and therefore the property is no longer in our possession.
Submitted May 31, 2017 at 02:48AM by sararooskie http://ift.tt/2rCk1mm legaladvice
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