What are My Rights as a Tenant in California Without a Written Lease?
Full Question:
Answer:
In California, a tenant generally must give the landlord the same amount of notice as there are days between rent payments. This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move. If an oral agreement specifies a different amount of notice (for example 10 days), you must give the landlord written notice as required by the agreement.
California law specifically allows the landlord to use a tenant’s security deposit for four purposes:
•For unpaid rent;
•For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;
•For repair of damages, other than normal wear and tear, caused by the tenant or the tenant’s guests; and
•if the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear
Please see:
http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
Under CA law, a rental agreement or lease can never state that a security deposit is “nonrefundable” and 21 calendar days or less after you move, your landlord must either:
•send you a full refund of your security deposit, or
•Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted