One of my residents (tenants) recently sent me a letter, and copied it to someone at this prepaid legal service, stating that he had spoke with his attorney. Per the renter, an attorney at Parker Stanbury advised the renter to the following:
1. If the renter is in a lease, and during the lease term the renter gives more than 30 days notice while paying more than one month security deposit at the beginning of the contract, they are able to move in violation of the lease without consequence, and no rent is due for the remainder of the lease term.
2. Renter will automatically lose 50% of their deposit, however other 50% will need to be "accessed to the condition of the property and returned to us".
Landlords and Tenants, This Is Incorrect Legal Advice.
There is NO LAW stating #1 to be correct. The wording in the lease would prevail, and in this case the lease stated the resident would have to pay rent until a new Approved By The Landlord renter started paying rent.
There is NO LAW stating #2 to be correct. Section 1950.5 of the CA. Civil Code clearly states the security deposit is 100% refundable. There are No Automatic Losses to a security deposit.
In this particular case, the attorney should have read the lease, and advised the renter of the terms and conditions they agreed to when signing the lease. They would in fact be responsible for the rent due until the landlord found an applicant of similar value and the applicant started paying rent.in addition, renters do not ever automatically lose 50% of their deposit. All of it must be reconciled within 21 days and any monies used for repairs would have to be backed up with receipts for those repairs.
LANDLORDS, Your local Apartment Owners Association is a far better service if you want legal advice regarding Landlord Tenant Law. And RENTERS, save your money for a down payment on a home and do not waste your hard earned money on services like these. The State of California publishes a wonderful booklet regarding the basics of Landlord Tenant Law, and anyone can write Consumer Affairs to obtain one.
Parker Stanbury clearly advised this renter incorrectly. It is obvious to me they do not specialize in landlord tenant law and contracts.
Former Housing Commissioner-County of Ventura
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