Can my landlord make me sign a new lease after I gave her 30day notice?
I am from California (SD) she raised the rent but before she did I was planning on moving out. I did pay her the new raised rent (one month and last one) but then she said she wants me to sign a new lease and she needs me to sign it to go over the deposit list. Can she keep that if I dont sign? She also asked for a 30day written notice which she got after i spoke to her about leaving.
I paid January ($1000) last year was $900 i gave her the 30 day written notice when I paid January's rent. And shes says she wants me to sign a lease, the lease says where im renting, what the studio contains how many people can be there, etc etc. like a whole *** lease! I was renting month to month so why is she making me sign a new lease afte I gave her a 30 day notice. It doesn't make sense to me.
Also, the "new" lease says im or will be paying $1000 now. I have never been late and I dont own her anything. All im asking is why shes making me sign a new lease if I am already leaving. And if she can keep the deposit if I dont sign.
The place is not damaged. In fact, its been improved. It didnt have a kitchen, nor fridge, nor stove. I fixed it when i first got here. It is not an agreement saying im moving out. Its a lease, as if im just starting to rent the place.
She hasnt returned my 30day noticed signed. She says she'll give it back after I sign the lease.
- Coffee DrinkerLv 71 month agoFavourite answer
No, of course she cannot make you sign a new lease. You've given her notice that you'll be leaving, so you make sure rent is paid up through the end of your tenancy and make sure that you are out of the apartment before the final date you provided on your notice. Be sure that you have all of your belongings out and the apartment is clean.
There is absolutely no reason for you to sign anything. She doesn't need your signature to acknowledge the new $1000/month rent price because you already paid the new price for January.
Sounds to me like the landlord is trying to trick you into committing to a lease term so they can sue you for unpaid rent after you move out (or get you to stay).
If she brings it up again just firmly tell her that you're not signing any new agreements, you'll be out by the date specified in the written notice that you already gave her and you'll make sure to provide a forwarding address so that she can send you a check for your deposit refund in accordance with state law and forward any mail that may arrive after you leave.
- Nuff SedLv 71 month ago
It would be silly to sign "a new lease" when you're moving out. You don't need a "return" of her signed copy of your 30-day notice if you sent it via certified mail, or you handed it to her with witnesses. You simply pay the last 30 days of rent, pack up and move out before it expires.
This LL sounds like a sly one, so make sure you take lots of pictures of the condition of things before leaving, and make sure she has your new address for return of your damage deposit If it (or a list of damages you got billed for) doesn't arrive within the statutory time permitted in your state laws, send her a notice of demand for payment by x date and, if it still doesn't come, sue her. She has the burden of proving any damage she claims happened while you were there.
- sunshine_melLv 71 month ago
Er no, obviously - if you're giving notice to move out, you wouldn't sign a new lease as you're not going to be staying beyond your notice.
She absolutely doesn't need you to sign a new lease in order to go over the deposit or anything else.
- MarkLv 61 month ago
Don't sign if you want to move. It's a last ditch effort to get you to pay. She can't hold your deposit for not signing.
Document EVERYTHING. Take photos/videos. Make sure the place is spotless and any damaged fixed. Don't give her any excuse to hold the deposit. Insist on a walkthrough before moving out and have her sign a document acknowledging no damages.
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- SlickterpLv 71 month ago
Can she MAKE you sign it? No. She cannot keep deposit because you do not sign. If you have given the 30 day notice, you leave and it's done.
- MaxiLv 71 month ago
No the landlord can't 'make you' do anything, you gave 30 days notice in writing that is the end of it, you pay your rent up to the 30 days and leave.
A deposit is security in case of damage/loss like unpaid rent, so legally you should get your deposit back, you can prove you paid the deposit as you have a payment receipt or bank transfer on your bank statement so if the deposit is not returned you can sue in small claims along with the proof.
- SlumlordLv 71 month ago
Is this really a new lease she is asking you to sign, or some sort of agreement about what damage is in the place and what you would owe for, or possibly even an agreement that you are done and moving out? She can't make you sign a new lease, or anything else but make sure about what this is before you refuse to sign it - it could be something else entirley and completely harmless, but if you have any doubt at all then you can simply refuse to sign anything. She can't keep your money for you refusing to sign something (but you might have to take her to court, sign it or not, to get your depoist back).
- linkus86Lv 71 month ago
Assuming no lease exists between you, NO.
When renting month to month, both the tenant and the landlord are free to make any change to the tenancy with a full months WRITTEN notice. For example, legally speaking, your landlord can only increase your rent after giving you a full month's written notice. Similarly you are legally required to give your landlord a full month's WRITTEN notice that you will be vacating. So if rent is due on the first of the month, if you gave your written notice on the 17th, you would still be on the hook for paying for rent for the following month. Good Luck.
Edit: Don't sign the new contract. If you do, you will void your notice to vacate.
- babyboomer1001Lv 71 month ago
Your details leave much to be desires. They are so vague - can't make heads or tails of it. You owe rent under your current lease. Once it expires, until you sign a new lease, you are month to month and the ll can raise the rent given 30 days' notice. You do not have to be imprisoned their. You have every right to move out, given 30 days' notice, if that is what your lease called for. If you failed to give it on time to be out by the end of the month when your lease expired, then you owe the new raised rental amount, if given 30 days' notice. If you bothered to READ your lease, it would be set out clearly. Why can't you read it? Getting bits & pieces from YA is not an ideal way to understand terms of a lease.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- Pearl LLv 71 month ago
maybe you should ask her these questions