We rented an apartment for 1.5 years while we renovated our house. It was freshly painted when we moved in but the floors were fairly scratched up (general wear and tear not large scratches). The lease was a month to month lease. The rent and security deposit were $4400 each. The lease required 60 days notice for termination. We gave more than 60 days notice via email but told our landlord, “We will move out by May 31st if we must continue to pay month by month but we would love to stay an extra week and pay per diem as a move out the first week of June would be much less stressful for us”. Our landlord agreed to allow us to pay per diem for the first week in June via written notice via email. We moved out on June 6th.

We spent 2 days cleaning the apartment–both personally and with professionals. We left it spotless–even washing all marks off the walls. There were 4 areas of minor damage–2 kitchen cabinets with scratches, the ice maker in freezer was broken, 2 thin scratches on one bedroom floor (6 in, 9 in), and an area of living room with some tiny dents in an 2 ft sq area where someone put chair down on floor instead of rug. Unfortunately, we did not take photos of anything.

Our landlord failed to notify us in writing of our right to a walkthrough, returned our security deposit 2 months later than required (I reminded him nicely and repeatedly via email that we were waiting for it), didn’t return any interest on the security deposit, and charged us $2800 in damages. He charged us the entire fee for refinishing all the floors in a two story, 3 bedroom apt, most of the re-painting fee of the house, as well as for the damage to the ice maker.

I informed him that he had returned our security deposit late, had not given us any interest on security deposit, had not provided written notification of right to walk through and repairs by us, and was charging us for normal “wear and tear”. He then threatened that I owed him $3300 more in rent for June and late fees because I had never obtained a mutually SIGNED agreement that said we could go to per diem (as stated in the original lease that any modification to the agreement had to be signed by both parties).

1. If he agreed to per diem via email does this count as “written, signed agreement”?

2. Is it worth pursuing this in small claims court? or is there risk that I would be liable for rent and late fees as he is threatening?

3. Even if we do not sue him in small claims court is there some other way to file a complaint against a landlord?

Thank you!

I sent a 30-day notice certified mail, to my landlord on Nov. 17 that i would be moving on Dec. 17th even though my rent is due on the first of the month. My landlord states that i am responsible for the rent until Dec. 31 because my rent is payable from the first of the month. i am not on a lease. i pay month to month. please advise.. patricia

Is deposit due on vacating or end of Notice period
Atty Bennet asked me to resubmit.

I signed a Month to Month rental
requiring tenants and LL to give 60
days notice. The LL was out of town,
so I emailed one roommate that i
was leaving due to 2 other
roommates’ rudeness etc and that
they had a duty to mitigate by re-
renting my room in the house.

She asked if I was giving 30/60 day
notice – I said no –to place an ad on
craigslist ASAP.

She gave my email that I’m leaving
effective immediately to the
roommate designated as LL’s agent
for collection of rents etc.

I didn’t see him when I picked up the
stuff in my room a night or two later,
July 19 or 20. Didn’t need a walk-
through, I was there just under 2
months – no damage.

I demanded my security deposit and
they asked me to pay August rent
because they haven’t found a
roommate for my room.

When does the clock start ticking for
returning my deposit? 21 days after
I cleared my room, or does it start
after they re-rent ?

Surely it not after the 60 day notice
(I didn’t give). That would be Sept 18
if they don’t get a roommate before
then! Thanks.

3 on a lease
myself and 2 other people signed a one year rental agreement, after the lease expired it went to a month to month agreement, i gave my landlord a written certified 30 day notice, i consulted a lawyer who told me i would be safe if i gave proper notice. after i left the other 2 people stopped paying and eventually were served an unlawful detainer, including myself. a judgement was rendered against us. if i gave proper notice why was not let go of the month to month, can i appeal?