Legal Question in Landlord & Tenant Law in California

I have given my 30 day notice on 12-19-09. My landlord wants me to pay a full months rent on 1-1-10.

I am going to be out on or befor 1-15-10.

Will he have to prorate me back the rent for the 12 days of that month I am not their.

Or can I only pay him for the 15 days I am thier?

I payed a $950.00 Deposit and want to get it back. Not sure what to do.Help.

Thanks Dianna


Asked on 12/22/09, 10:16 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The thirty day notice requirement does not mean a tenancy has to end on the last day of the month. You are correct that you are liable for the rent only for the period of 30 days starting the day after the written notice and including 30 full days. On the first of the month, you should pay him until the end of the thirty day period, which is 1/19/10. You do not owe rent unti the end of January as you will not be residing there for those additional 11 days.

Arrange for a mutual walk through inspection, compare any damage with what was noted originally. Commit him to listing what he thinks might require expenditures. Within 21 day you must be sent a full refuse of the security deposit or awritten statement of the reasons for withholding any of the deposit and the remaining balance of the funds.

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Answered on 12/27/09, 11:08 am


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