Return last months rent?

Question

New here...need California Landlord advice!

I used to rent out rooms to my daughter's friends at our home. I needed to rent out the master quickly, as my hubby and I moved out. Went the Craigslist route. Took on a college gal.

Made the roomie agreement stipulate that the first month's rent of $1000 and the last month's rent of $1000 was due on move in with a 30 day notice required if she ever wanted to move. (month to month agreement). No security deposit.

She moved in on Aug 15th.  After a lot of BS with this gal and a HUGE disturbance to the other 3 roomies, , she texts me on Aug 25th this isn't for her and she's moving out asap!

She ended up moving right out on 9/10.  She was so nutty and verbally abusive that I emailed her yes- move out and I will refund you your last month's rent of $1000 after move out. She really scared the other girls!

My hubby got angry with me and said no- we are NOT refunding her the last months rent as she did not give a 30 day notice and we went to a lot of trouble and expense to prep the room for her.

So now what can we do?? CAN we keep that last month's rent?  Even if I emailed her that I wouldn't hold her to a 30 day?  We have NO funds to do so at this time as we are prepping the house to rent out to a regular family- no more room mate stuff!!

Bill S. · Answer

Really this would be worth the money to ask a CA attorney specializing in representing landlords.

Also what does your rental agreement say about failure to give proper notice? Did she pay rent for Sept? Was there any dates that she agreed to when you asked her to leave?  What were the dates she was to pay rent on? Did you prorate the first month's rent since she moved in mid month? If she gave you $2,000 and lived there less than 30 days. There is probably good reason to return all of the last month ($1,000) given you sent and email stating you would and she spent less than 30 days there.

If your prorated the move-in then she paid about $1,500. I would prorate the money I returned for the amount of September she stayed something like $666.67 unless it was agreed to in writing that she would move out the 10th with no stipulation about prorating the rent.

Probably better to get on the same page with your husband before making offers to tenants. He needs to abide by what you put in writing with her.

David Egger · Answer

If she's got it in writing that you offered to refund the $1000 if she moved out, and then she moved out.... yeah, you owe her $1000.  Your only real out would be if you made the offer on 8/25 and she didn't move out until 9/10, at that point she's incurred the September rent so you've at least got some defense, but do you really want to risk punitive damages?