30 day notice to vacate?

[marmion]

I have a month-to-month rental agreement. My security deposit was $1350. I gave my landlord a 2 week notice to vacate due to a job relocate. I moved out on November 30th. The contract states that security deposit will be refunded in 21 days after vacate. It's Feb and I still haven't received my deposit back. Last month the landlord said he isn't going to give me my deposit back because I was not there for a year. I mailed him a copy of the rental agreement and highlighted the part where it said "Month-to-month agreement." Now he is saying that he won't refund the deposit because I did not give him a 30 day notice. The contract does not mention anything about how many days in advanced I needed to give him before vacating (I guess he forgot to type it in his contract). I know that in CA the law is 30 days unless stated other wise so, my ? is.....

If the landlord does not mention the advance notice in the rental agreement...does the 30 day notice still apply?

[toryn34]

State law is a 30 day notice, so it does not have to be in a contact. You owe him 2 weeks rent (CA prorates rent, unlike other states). If he used a standard CDR lease, it uses the words month to month, as that is how often you pay rent, it can still have a 12 month term. If it does you owe rent until the end of the term or a new renter is found.

Send a written notice, certified mail, demanding whatever portion you are entitled to receive. If you do not receive it in 30 dyas you can sue in small claims court.

[zacchaeus21]

When you have a "month to month" agreement, thats exactly what it means, either side has to give a months notice of their intentions. You need to give a month notice to move, he needs to give you a month notice to quit. Legally he is correct in keeping your deposit, if he can show that he has suffered a financial loss with you moving and not giving him the correct notice. If you can show that the apartment was rented by the end of your months term and he suffered no loss of rent, then go after him through the small claims court in your jurisdiction.

[chozai65]

Yes in a certain extent he didn't specify. You need to be persistent because tgis happened to my sister too. They try to be sneaky and lag it so you give up. You got to rememeber they don't want to loose any money. Tell them that i you don't get your money than you are going to take them to court.

[eorl]

You failed to give proper notice. The landlord is NOT required to specify state law within the lease. It is up to you to know the laws.