Landlord will not return prepaid rent in CA

I relocated to CA and signed a lease from out-of-state. The lease ran six-months and then automatically converted to month-to-month. On Feb 7, my landlord gave notice that rent would increase effective Mar 7. We elected to move out and gave notice on Feb 9 (the only condition the lease specified for notice was one month notice). I have several emails documenting our agreement we would move out and the lease would end Mar 7. When we moved in, we paid security deposit, nonrefundable pet deposit, and 1/2 the last months rent. After we moved out, the landlord returned only the security deposit and a note saying "thank you for your cleanliness" but did not return the 6 days of unused rent. This leaves me with three questions:

1. Doesn't the landlord owe me the prorated portion of the last 1/2 month for the 6 unused days? The landlord is making some bizarre argument about the lease not being day-to-day and my option was to stay until the 15th or forfeit the remaining balance (which must not apply to him since he raised the rent on the 7th).

2. Is the nonrefundable pet deposit legal? My reading of CA 1950.5 makes it sound like no portion of the deposit can be "non-refundable". I agreed to this provision when I moved in and it was legal in the state I moved from (NJ), but if this is going to end up in small claims I feel like I should go after this amount as well.

3. The idea of court - even small claims - makes me a touch nervous. Should I seek counsel to help prep me, write the demand letter, submit appropriate filings, etc? In CA, lawyers may not represent parties in small claims court.

Thanks,
KM

Generally a MtM lease runs monthly and unless the lease says otherwise you'd not be entitled to credit for return of the unit some 6 days early before end of period.

If check out time in a hotel is 11AM I don't get money back to leave at 6AM to catch an early flight!

Its not clear from your post as to when your lease months ran--from 1st, from some date such a 7th or what. But say your leases ran from 1st and my lease calls for 1 month notice payable in advance (some places rent accures as of end of month unless spelled out otherwise!) and you gave me notice in mid Feb of leaving--you'd owe me for all of March! (And since my leases say 30 day notice before start of next period you might not win a debate as to notice on Feb 1 as effect for end of Feb as Feb has only 28 days! But I'd probably not take you to court over same...)

I would agree with you if there was anything in the lease about requiring 30 days notice before the start of the next period (i.e. 60 days notice before move out). There is not - simply a requirement for 30 days notice.

Additionally, your view seems loaded with abuse potential. Under that type of MtM, landlords should always raise rent when there are 29 days left in a month. That locks the tenant into paying at least one month of increased rent and deprives them of the option of moving instead of paying.

1. I'm pretty sure when you moved in you paid the pro-rated portion of that first month and then the full first month after that.

2. EXACTLY WHAT does your agreement state regarding these figures? If it says deposit for last month's rent it means something different than if it says last month's rent.

3. No money paid up front in CA is to be non refundable.

4. CA is a literal rent day state..notices run LITERALLY by day from start to end of notice period NOT rental periods.

Only you have the documents in hand..unless typed out exactly what is on them..we really can't help you any further....

Exactly what day did you MOVE IN? MOVE OUT?

Thank you for the good information so far. To answer some of your questions:

1. Moved in Aug 8, 2006. Paid prorated rent for Aug06. Fixed period of lease ran August 8, 2006 - January 31, 2007. On Feb 7, landlord notified us of rent increase effective Mar 7. On Feb 9, we gave notice to move out. Moved out Mar 7. Turned over keys on Mar 8. Paid full rent Sep06-Feb07. Paid no rent for March (aside from prepaid rent).

2. The line item "1/2 last month's rent" appears on a page titled "Holding Deposit Receipt". Other line items include "non-refundable application fee", "refundable deposit/security deposit", and "first ful month's rent (prorated)".

That sounds like something completely different than as I suspected...likely a holding deposit form.

If your RENTAL AGREEMENT doesn't reference anything but security deposit...that is all you have.

Non refundable APPLICATION fee is the ONLY non refundable fee that IS allowed in CA FYI so that's fine.

Again..it's what is in your LEASE agreement that matters....each and every clause....

And you owe for 8 days in March..until the day you turn in the key. Again..I asked what in your RENTAL AGREEMENT referred to prepaid rent..I suspect there isn't anything...just a holding deposit that was applied to your total move in probably?