Legal Question in Landlord & Tenant Law in California
I sent a 30-day notice certified mail, to my landlord on Nov. 17 that i would be moving on Dec. 17th even though my rent is due on the first of the month. My landlord states that i am responsible for the rent until Dec. 31 because my rent is payable from the first of the month. i am not on a lease. i pay month to month. please advise.. patricia
3 Answers from Attorneys
Unless you have a rental agreement that requires 30-days notice at the time of rent payment, either party can terminate the agreement on 30-days notice. "Month-to-month" is not a legal term, but rather a layperson's term for a "tenancy at will." In California a tenancy at will is terminable on 30-days notice (60 days if the landlord is terminating and the tenant has been in the property more than a year), not a calendar month.
Look at it as being a rental period of indefinite length, ending only upon proper notice. The first of the month is merely an arbitrary date selected as to when the rent is to be paid.
The term is month to month which you have agreed by conduct to start on the 1st. So when you terminate the lease it would be 30 days for the start of the next period as opposed to the middle of the term the 15th. So you him the balance for the month.
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