Landlord Tells Tenant to Move Immediately

Question: I have a one-year lease with my landlord, which expires at the end of the month. My landlord gave me a courtesy 30-day notice at the beginning of the month to remind me of my move-out date.

But when we were doing the pre-move-out inspection one week before the end of the month, he rescinded the notice, saying the condition of the apartment put me in violation of my rental agreement, and that I must move out immediately.

Can he do this?

Answer: No. If the condition of the apartment was so bad that you were permanently damaging it, he could give you an unconditional three-day notice, giving you three days to move. Then, if you did not move at the end of the three days, he could file an eviction lawsuit against you, asking a judge to allow the sheriff to remove you. But all of that would take at least a couple of weeks, and you will be gone by then. So that is probably not an option he would choose.

Under no circumstances can a landlord remove a tenant without the assistance of law enforcement personnel. Keep in mind, however, that you will still be responsible for any damage to the unit that goes beyond “normal wear and tear” for the time you have lived there.

He can deduct any such damage from your security deposit and pursue any balance due in court. You might determine before you move what he objects to in the apartment and consider repairing any damage before you move. Both of you should consider the option of contacting your local mediation program to assist in resolving your differences.

No Need for Courtesy Notice at Lease’s End

Q: I signed a six-month, fixed-term lease for an apartment in a large complex. The lease included a clause requiring that a 30-day notice be given at the end of the fifth month if I planned to move at the end of the lease.

I moved out at the end of the sixth month but forgot to give the notice. The landlord now claims that I owe him one month’s rent because I did not give him the 30-day notice. He has kept my security deposit, which is equal to one month’s rent. I believe the landlord is using this clause to cheat his tenants out of one month’s rent. What can I do?

A: Leases are agreements for a fixed-term tenancy. They commonly last for six months or a year but can be of any duration acceptable to the tenant and landlord. Because the end of the agreement is set at the beginning of the tenancy, no further notice is required to move out and tenants cannot be charged for rent beyond the move-out day.

However, a notice reminding each other when the lease ends and whether the parties intend to continue the rental arrangement is a courtesy. If the tenant does not move out, and the landlord accepts rent for the next month, the agreement becomes a month-to-month tenancy, with the same terms as the lease, except for the length of the term.

Month-to-month agreements require 30-day advance notice to move unless both parties agree to a shorter time.

If your landlord charged you rent beyond the day you moved out, send him a letter reminding him that leases terminate without notice and asking for a refund. You may also call your local housing mediation program for help in resolving the problem.

If the landlord still refuses to return the money, you may file a claim in Small Claims Court.

This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually.

For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council, Fair Housing Institute or Fair Housing Foundation office in your area:

Bellflower: (562) 901-0808

Carson: (888) 777-4087

El Monte: (626) 579-6868

Hawthorne: (310) 474-1667

Lancaster: (888) 777-4087

Long Beach: (562) 901-0808

Pasadena: (626) 791-0211

Redondo Beach: (888) 777-4087

San Fernando Valley: (818) 373-1185

South-Central Los Angeles: (213) 295-3302

Westside Los Angeles: (310) 474-1667

Orange County: (714) 569-0828

San Bernardino County: (909) 884-8056

San Diego County: (619) 699-5888

Ventura County: (805) 385-7288