Tenant left - no written notice given, owes bills as well

[Lad]

What is the name of your state (only U.S. law)? CA
I’ve been combing the internet for hours to get a handle on this - CA Law. I let a traveling nurse when I posted on Craigslist for a roommate move in here temporarily – no written lease, month to month, yeah, I know, let me have it. Idiot. Her rent was paid up until 10/6/11. Last night, she abandoned the property, she had some “issues” and we weren’t getting along lately. Questions are: I have told her and provided her with written information that in the absence of a written lease, a statutory lease is in effect and she still owes until 30 days after the WRITTEN notice is given. I don’t know why she’s being stubborn, she says I’m wrong. She also owes for ½ of appliance/utility bills 7/7 to 9/27 and my electric is $300 due to her having to have the AC on the whole time. Did she abandon the place, therefore the 30 day notice started tolling 9/27/11? Does she owe up until she gives me the written notice? Could be months! What exactly does she owe and can I sue in Small Claims for (rent I mean, not the utilities). Things are so bad with her, I can’t write to her and get a reasonable response. I don’t know where she moved to, but I know her work address if I have to send anything there – assuming she accepts it. Any help appreciated, I’ve been Googling all night. Thanks!

 

[Gail in Georgia]

This may help...

FHOSC_Applications & Tenant Selection Process

Your tenant is considered to have a month to month tenancy and she can terminate such with a 30 day written notice. Until then, she would continue to owe rent (unless another tenant is found to take her place).

You cannot sue her for what she "may" owe in the future. You also have an obligation to find someone to take her place as a renter; you can't sit on your hand for months and months doing nothing and then expect a judge to award you all this rent.

When you say she has "abandoned" the property, what does this mean? Has she moved out her things and returned the keys?

Gail

 

[Lad]

Reply to Tenant Left Post

Hi Gail,
Thanks for the response. I have been actively attempting to mitigate the damages by posting for new roomates, anticipating she would be leaving 10/7 based on some of her comments. And yes, at 4:00AM last night I awoke to find her packing her car, angry, accusing me of taking things she then found - not a pretty situation.
I have made it clear she needs to provide written notice - she says no, not witout a lease, when I wrote it down, she tore up the notes without reading them. I know the law is on my side there. So does the abandonment on 9/27, prior to her being paid up until 10/6 come into play at all? I should be able no problem to find someone within the next 20-30 days, so does that mean she owes from 10/7 until I find a renter? I'm sure she wants some sort of "credit" for leaving eary, but that was her choice. BTW, if it matters, she left the bathroom a horrible mess that I now have to clean up, and as I was foolish enough not to collect a deposit, too bad for me.
Thank you, any help appreciated.
Lori

 

[Gail in Georgia]

You might forward this to your hesitant tenant. It explains what must be done to terminate a periodic rental agreement in California:

California Tenants - California Department of Consumer Affairs

Gail

 

[Searchertwin]

I don’t know where she moved to, but I know her work address if I have to send anything there – assuming she accepts it.

Be careful about sending to work. She can scream harassment. Or the boss got mad.
I know you want to send it to her work. Send it only once and also to her last known address, which would be your place.
Do not open the letters if they return. Send crr.

If no response within xx days, even if letters return, start eviction process and give her work address for point of contact.

Good luck.