In California, can a landlord serve a 3 day notice to pay or quit on total bal. due or only on current rent?
354448
If the written lease states that the pet rent, refrigerator rent and late fee are considered as "additional rent", then they can give you the 3 day notice for the entire $1,060.00.  If those additional items are not listed as "additional rent" in the lease then they can give you a 3 day notice only for the base rent of $1,000.00.
513988
Thirty Days before your lease is up. A three day notice if they want to inspect the place.
872520
Written notification is required for an eviction.  However, if your lease is expiring, there is no need to give you further notice.  To further explore your rights, please see http://www.dca.ca.gov/legal/landlordbook/catenant.pdf.  This is specific to California.  Good luck!
977037
Generally, any lease has a section in it that states the owner can make any changes to your lease with notice.  Some require you to sign, others only require that the owner present you with the addendum.\n\nIf you have the first option, and don't sign the addendum, they can evict you with a minimum amount of notice.  For instance, in  LA County, you can be evicted in 3 days unless you live in protected areas (ie, Santa Monica, etc).  The second means they can tow you if you don't go pick up that parking tag, and you'd be responsible for all the fines, etc that go along with them towing you.\n\nRead your current lease very carefully.  And start searching for a new apartment.
1007977
I would have thought that the landlord would evict you before that... maybe CA is different. Pay the rent asap.
16886
Landlord-tenant legislation in the US is governed by state law.  You need to post the state and country that you are talking about because they are all different.  \n\nIF YOU ARE ON A LONG-TERM LEASE:\nIn most states, the landlord is permitted to charge you for the entire lease period, except if the lanlord or an agent of the landlord accepts your move-out notice, which it appears that he did, because he didn't contact you that it was rejected, he advertisted it as available on 12/15, and he accepted your keys.  So, in that case you should be of the hook on the date mentioned in the notice.\n\nIF YOU ARE ON MONTH-TO-MONTH:\nIf you are on a month-to-month lease, most leases&#92;state laws say that that you are required to give at least 20 days written notice prior to the beginning of the next calendar month or the lease renews itself. \n\nSo technically by giving your notice on 11/16 you are freeing yourself from a month-to-month lease as of 1/1.  However if your notice said you would remain 60 days, so the landlord could hold you liable for payment up until 1/15.  If he had your keys on 11/23 and you were on a month to month, I think it's kind of jerky to charge you from 1/1 to 1/15.  \n\nI don't see any way the landlord could collect from you for the period of 1/16-1/31 unless they argue that your notice was improper, or that they did not accept your notice, in which case they should have sent you a letter saying so, shouldn't have taken your keys, and shouldn't have placed an ad in the paper saying that it would be available on 12/15.  \n\nIn short, I think that you would have a tough time PROVING you're not responsible for 1/1 to 1/15, but if you were on a month to month lease you should write a very nice letter asking them not to charge you for this because you moved out in november.\n\nIf they tried to make you pay for 1/15-1/30 you are on pretty solid ground.  They would have a hard time getting a judge to agree you are liable for 1/15-1/30, due to accepting your notice and keys, and the ad in the paper.  So by not paying that I think that the only thing you risk is a bad rental history.\n\nI don't know of any requirement in any state that says the landlord has to advertise or make the apartment available.\n\nPS:  You must verify this with a lawyer before you act on this answer, which is not legal advice.
1026555
If you provided a 30 day notice prior to serving unlawful retainer papers, then you will win. As long as you follow the order and procedure, you will win. But one slip-up will change things for the tenants favor.
931902
If you signed a 12-month lease, then you are obligated to pay the full 12 months unless the lease has a clause saying something to the contrary (e.g., that you can break the lease for a certain penalty).  The fact that you gave 3 months notice won't have any legal bearing, unfortunately.  However, the landlord would have to take you to small claims court to collect the additional rent, which would be a hassle for him, so he would have some incentive to make a deal with you. You may be able to save some money if you continue to negotiate.\n\nNOTE:  I JUST READ THIS on someone else's post:  "Your landlord can't hold you liable for the "whole term". They have a duty to mitigate their damages by renting the unit again as soon as possible."  So it sounds as though I may be wrong--that your landlord can't hold your responsible for all the lost rent.  If your landlord failed to make best efforts to re-rent the place after you gave three month's notice, he may be liable for the lost rent.  You may need to pose this question to a lawyer for a definitive answer.
423068
It depends on what the lease says and also the laws in your location.  If you do not have a written lease, and if the tenant pays rent monthly, then in most states you have to give 30 days written notice.  Go to http://realestate.findlaw.com/landlord and click on the Resources link to get the details for your state.
378045
Even if you don't have a lease you still have some renters rights.  Do you have proof that you have been paying rent? Like copies of checks?  Your rights are different depending on what state you are in, but here in California lease or no lease I think it's 60 days notice.\n\nLegal action is very costly though, I'd recommend just finding a better place.
362878
It depends on where you live; each state has different renters laws and i suggest you go online and learn them. Typically, you should have signed a lease which is legally binding and will be your best friend or your worst nightmare.  Usually in a lease there is a specific date which is montly that is outlined for the rent being due and then an outline of late fees depending on the number of days you are late. In mostleases you have 3 days to get your rent in before it's considered late, and this also varies by the leasor who created the lease.  After that point the leasor is usually able to assign late fees to the lesee however there usually is not room until the rent is more then 30 days and in most places 60-90 days past due in which a landlord can take you to small claims court. \nYOu should also have something listed in your lease regarding visitors. Most leasors are required to give the lesee at least 24 hours notice for any visitors or before entering the property. YOu should not have people just showing up w/out you being notified 24 hours in advance, that should be in your lease.  In most places your landlord has a limited amount of time to fix any repairs needed as well, some it's within 24 hours, some it's w/in a week, depends on the location and your lease! \n\nI would really look at your lease and make sure you're covered. That's really all you can do at this point. It's your word against theirs... so i would make sure you have documented what you called to have repaired and when it did or did not get fixed. I would have your rent receipts handy and your lease handy stating the date it's due. Good Luck
954404
AFTER you start the legal clock - by giving your Tenant a 3 or 5 Day Notice to Quit or Pay rent.....you then can get the ball rolling (very quickly) for an eviction hearing.....Once you receive a Judgment.....includes amounts due plus court costs......Make sure you provide the court the tenant's social security number....\n\nTake the original Judgment to your County Recorder's Office....Once recorded, the next time a credit bureau does a hard pull, your judgment will be added as a creditor to their credit report.\n\nDepending on your state, you can then send a demand letter for full payment of the judgment and when they don't pay, you get to garnish their wages!!!!! some states prohibit this, others allow it.\n\ngoogle your state and landlord/tenant laws.
525936
It all depends on what our lease says about it.\nIf the lease says 60 day notice, then that is what it is.\nIf it says only 30 days, then that is what it is.\n\nYour landlord sounds like a jerk. You are giving 6 weeks notice.\nIf he is violating the terms of the lease, then yes you can sue him but it is not worth the hassle.\nLandlords really have tenants by the b8lls.\nI would say OK then I am giving 60 days notice, then not pay the rent when it becomes due for July.\nGive him rent up until July 1 and not a penny more.
3534
Proper Notice to Leave\nWhen a tenant wants to move out of a rental unit, it is important that the proper kind of notice be given to the landlord. The following discusses how to end the two most common types of rental agreements. However, it is important that tenants check their own rental agreements to determine what kind of notice must be given before they move out.\n\nLeases. If the tenant moves out at the expiration of a lease, in most cases it is not necessary to give the landlord a written notice. However, the lease should be consulted to be sure a formal notice is not required.\n\nIf a tenant stays beyond the expiration of the lease, and the landlord accepts the next month's rent, the tenant then is assumed to be renting under a month-to-month agreement.\n\nA tenant who leaves before a lease expires is responsible for paying the rent for the rest of the lease. However, the landlord must make an effort to re-rent the unit at a reasonable price. If this is not done, the tenant may not be liable for rent beyond a reasonable period of time.\n\nMonth-to-Month Rental Agreements. When a tenant wants to end a month-to-month rental agreement, written notice must be given to the landlord. The notice must be received at least 20 days before the end of the rental period (the day before rent is due). The day on which the notice is delivered does not count. A landlord cannot require a tenant to give more than 20 days notice when moving out.\n\nWhat if a tenant moves out without giving proper notice? The law says the tenant is liable for rent for the lesser of: 30 days from the day the next rent is due, or 30 days from the day the landlord learns the tenant has moved out. However, the landlord has a duty to try and find a new renter. If the dwelling is rented before the end of the 30 days, the former tenant must pay only until the new tenant begins paying rent.\n\nWhen a landlord wants a month-to-month renter to move out, a 20-day notice is required.
193481
Typically you have to give one "period" notice if there is no formal contract. If you paid by the week then you need to give a weeks notice. If by the month, then unfortunately you need to give a months notice.\n\nYou don't actually "lose a deposit". What happens is that it goes to pay the number of days you did not give a notice. If there is money left over then you get it back. If say you gave a 10 day notice then you would only owe 20 days. \n\nMost likely there won't be much left though, if any. \n\nIf there is nothing left then all you can do is chalk it up to experience.
302496
In California, if the landlord finds another to rent the property right away, you would be responsible for any days that it wasn't rented.  If you have one yr. lease that could be a problem, if it is a slow rental market.  You could save money by moving in, but if there is a problem, tell the landlord.  They might have a heart!
839345
The landlord can ask a tenant to pay for whatever they want.  It's up to YOU if you want to or not.  If you don't, I would suggest looking else where, where it's not included in the lease.