*Help!* I live in CA... my rental lease says ';month-to-month';... SO, can landlord keep my deposit if i move?

The contract says she can keep the deposit of the tenant if they move before 6 months is up. Isnt that ILLEGAL? Isnt it that they can only keep the deposit for certain reasons, and that isnt one of them? (i really really hope so---- she doesnt allow visitors and the roosters next door wake me up all the time. this place is hellish..) Thanks for any advice!!*Help!* I live in CA... my rental lease says ';month-to-month';... SO, can landlord keep my deposit if i move?
Some are saying she can keep your deposit. In San Francisco, a deposit may only be used for damages and never for rent. Call your local rent board, you cannot sign away your rights. Having said that find out what your rights are in your city and state*Help!* I live in CA... my rental lease says ';month-to-month';... SO, can landlord keep my deposit if i move?
The problem is you agreed to the contract when you signed it so yes she can keep the deposit although it isn't fair. If you go to court the judge will probably agree with the landlord because you were aware of the deposit not to be returned if you were to move before the 6 months are up. If you wait til after the 6 months is up and then move you will stand a better chance at getting a partial or full deposit back. The landlord can keep all or part of it as to fix anything that is needed before they rent it out again.
(A) If you AGREED to it, you have a legal contract. However, I don't think it can be called a DEPOSIT in that case. It might have to be something like:





Tenant will pay an early lease termination FEE of $XXXX if they leave before DATE, after DATE FEE will be put towards tenant's DEPOSIT.





A deposit is a deposit. You may have grounds for legal action even if you DID agree to it. The lease may be unconscionable.





(B) Not allowing visitors? Does it say this in the lease? Did you agree to it? Again, I think you have an unconscionable lease.





(C) Are they HER roosters? You have the right to ';quiet enjoyment,'; in this case literally. There have been court cases regarding roosters- the judge will ask you, ';Did you hear them when you saw the place for the first time?';





You need to contact legal aid.
If it says that, it's not a month-to-month contract, it's a six month lease and she can keep it to cover the last month's rent. Listen to soft nature sounds like rain or relaxing music to help sleep past the roosters.
Ah, boo...You should have asked her to take that off the contract before you signed. So (though I'm no lawyer), I think that you're stuck. Even though it says month-to-month, it is really a six month lease. Make sure you give her 30 days notice, too--I'm pretty sure that is the law everywhere now. You could always explain your situation and ask to have it back--some landlords are actually nice! Good luck!