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I rented a room btw in California and the landlord is an attorney.
The lease says that either party can terminate with 30 days notice...
However, I agreed by e-mail to give the owner a month and a half notice...
Since I gave 30 days notice, he said he will have to keep half the deposit.
Do I have to give up half the deposit because I agreed in an EMAIL to give him 45 days notice... All I said was "sure I will give you 45 days". However, I had to move and all I could give was 30 days.
The lease says that either party can terminate with 30 days notice...
However, I agreed by e-mail to give the owner a month and a half notice...
Since I gave 30 days notice, he said he will have to keep half the deposit.
He's being petty.
With any other sort of LL...
you could probably go through the process and prevail in a reasonable amount of time.
With an attorney LL...
and especially one who has already shown himself to be a petty a-hole...
that scenario will never be allowed to happen.
You have to decide how much that 50% of the SD is worth to you.
I would think that the lease holds more water because it is a legal document and says 30 days... The 45 days was only agreed via e-mail...
And he didn't argue that. You probably win the argument in court. The point is that a LL who happens to be an attorney knows how to work the system so that getting in front of a judge is going to be a long, tedious, dreadful, time consuming, laborious process. So while you will likely win (assuming the situation is as cut & dry as you've presented it) you have to decide if the money you stand to lose is worth all that time & effort.
And he didn't argue that. You probably win the argument in court. The point is that a LL who happens to be an attorney knows how to work the system so that getting in front of a judge is going to be a long, tedious, dreadful, time consuming, laborious process. So while you will likely win (assuming the situation is as cut & dry as you've presented it) you have to decide if the money you stand to lose is worth all that time & effort.
I didn't bring up the lease agreement; I didn't say anything yet. He doesn't know that I kept the lease and read the part about 30 days. I am waiting for responses from folks before I even respond to him.
Also, there was a time when he had an appraiser check out my room because he was refinancing (his cousin is refinancing it). It's actually the cousin who is the owner but the lawyer manages it since the cousin is out of state. In the lease it said he is supposed to give me 24 hr notice but he never did. I didn't care at the time. I told him it was ok after he already showed the room. However he doesn't play 100 percent by the rules either. Why should I abide by an e-mail agreement when the lease says 30 days?
I didn't bring up the lease agreement; I didn't say anything yet. He doesn't know that I kept the lease and read the part about 30 days. I am waiting for responses from folks before I even respond to him.
Also, there was a time when he had an appraiser check out my room because he was refinancing (his cousin is refinancing it). It's actually the cousin who is the owner but the lawyer manages it since the cousin is out of state. In the lease it said he is supposed to give me 24 hr notice but he never did. I didn't care at the time. I told him it was ok after he already showed the room. However he doesn't play 100 percent by the rules either. Why should I abide by an e-mail agreement when the lease says 30 days?
Of course he knows you kept the lease. Who DOESN'T keep the lease?
Yes, the lease should trump any casual e-mail that contradicts that lease. (Unless that e-mail recognizes the 30 day requirement & asks you to extend it to 45 days. Depending on the wording of the e-mail, it might be arguable that you agreed to an amendment to the lease.) Yes, you probably have no obligation to actually give him more notice than is agreed to in the lease. Yes, you probably have every right to demand all of your security be returned.
Be aware please, that I am NOT in California, and claim NO knowledge of the California law regarding leases, and no knowledge of your situation beyond the few sentences you've posted here. I'm just giving you an opinion based on my knowledge & experiences in NJ. I'm not giving you legal advice. Do not attempt to use this opinion as anything more than it is intended, and do not base your actions on my opinion. For a legal opinion, seek legal counsel in your area.
Of course he knows you kept the lease. Who DOESN'T keep the lease?
Yes, the lease should trump any casual e-mail that contradicts that lease. (Unless that e-mail recognizes the 30 day requirement & asks you to extend it to 45 days. Depending on the wording of the e-mail, it might be arguable that you agreed to an amendment to the lease.) Yes, you probably have no obligation to actually give him more notice than is agreed to in the lease. Yes, you probably have every right to demand all of your security be returned.
Be aware please, that I am NOT in California, and claim NO knowledge of the California law regarding leases, and no knowledge of your situation beyond the few sentences you've posted here. I'm just giving you an opinion based on my knowledge & experiences in NJ. I'm not giving you legal advice. Do not attempt to use this opinion as anything more than it is intended, and do not base your dictions on my opinion. For a legal opinion, seek legal counsel in your area.
Thanks, does it make a difference though that I made the e-mail agreement before he gave me the lease? So it can't be considered an addendum right? I signed the lease a few days later. As for wording; this is the exact wording
He wrote "Can you give me at least a month and half notice if you move out, so I can find another good room mate. That's all I ask for."
I wrote " I will give you a month and a half notice when I do move."
If you sent that email before you signed the lease he doesn't have a leg to stand on even if he had one before you mentioned this fact (and I disagree that he had even half a leg)! Just because he's an attorney doesn't mean he's a good one and, if he were a good one, the lease would have been changed before you both signed it. Your lease is the binding contract and the email means squat. You could just as easily have called him the day after you sent it and said, "I've changed my mind, the 30 days works best for me".
After you've googled California landlord tenant laws to determine how long he has after you quit to return your security deposit, tell him nicely to shove it and go from there. Good luck!
...does it make a difference though that I made the e-mail agreement before he gave me the lease?
Sure it does. And had you mentioned this detail at the outset...
the answers you received at the outset would be phrased differently to reflect that.
You should also expand on the context of this statement: "Since I gave 30 days notice, he said he will have to keep half the deposit."
This seems to imply that he believes he has the right to expect that the 45 day notice applies.
This remains the issue to be resolved.
That might be done by showing the date sequence of the various events.
But if that detail is also ambiguous or if he just won't agree with that interpretation
and return the second 50% of the SD...
...the further/final resolution of this still remains what you are willing to do about it. "You have to decide how much that (second) 50% of the SD is worth to you."
Start by talking about it with him. See where that goes.
---
As to the good vs not good attorney issues....
The petty LL who happens to be an attorney doesn't have to be a good one.
He just has to be a good enough one to keep you tied up in the the civil process
(that you have to take time out of your life to learn and then do) and not pursuing your objective.
'tis what it is.
hth
Last edited by MrRational; 10-19-2011 at 08:08 AM..
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