Legal Question in Landlord & Tenant Law in California

I was giving a 30 day notice to vacate our rental. We had until 11/15/2013 to move out but we moved out on 11/5/2013. The landlord is charging us through 11/15/2013. Is this legal?


Asked on 11/18/13, 3:06 pm

2 Answers from Attorneys

Yes. Both sides are obligated to give 30-days notice. They can always give more. So had they, say, given you a 60-day notice, and you replied with a 30-day notice, your notice would have superseded the 60-days. Once they give you a 30-day notice, however, there is no way for you to give a shorter notice. So you have legal right to possession of the property for the 30 days. If you choose not to avail yourself of the full time, that is up to you, but as long as you have the legal right of occupancy, you owe the rent.

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Answered on 11/18/13, 3:26 pm
Kelvin Green The Law Office of Kelvin Green

You owe the rent... You could have stayed and you chose to leave early...

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Answered on 11/18/13, 5:23 pm


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