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Terminating a month to month without 30 day noticeWe have to move to noisy neighbors, we have called the police twice in less than a week and they continue to be loud. The landlord has known about those tenants and will not do anything. Will we be able to get away with giving a 2 week notice and having him use our deposit as last months rent? Attorney answers (1)
Reputation Level 15
Answered over 2 years ago.
Landlord / Tenant Lawyer in Van Nuys, CA.
Your landlord will apply your deposit to the last month's rent. However, you could argue that you have no further obligation under your rental agreement because your landlord has breached his duty to provide you with "quiet enjoyment" of your unit--and therefore he has no right to keep the deposit.
Remember, that is a legal argument. Your landlord will probably not agree with it, and keep your last month's rent.
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