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Commercial month to month tenancy

North Hollywood, CA |

Per month to month lease a proper notice if vacating premises was given and keys were returned on
May 21st 2013. Landlord had 30 days to return the deposit or give an itemized statement of how the deposit is used to cover any costs or charges. the landlord sent the bill on 32nd day. Is this considered valid? If not, does the tenant have any claim against the landlord?

Attorney Answers 1


If all that is stated is true, then yes, I would say the tenant has a legal claim against the landlord. However, it is common for month to month tenancies to be documented nowadays as well. Therefore, the lawyer must see the underlying contract if there is any. For example, the poster states that the landlord had 30 days to take this action--is that because the contract gives the landlord 30 days? or something else? In other words, what is "valid" in these situations is highly dependent on the underlying tenancy contract.

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1 comment

Jerry F. Lee

Jerry F. Lee


MOST STATES REQUIRE A MONTH TO MONTH TENTANT BE GIVEN twice the length of his term of payment, for notice. For instance if you rent by the month, then 2 months notice. [e.g. GA.] Check your local magistrate's office they can tell you. GOOD LUCK AND GOD BLESS!

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