Legal Question in Landlord & Tenant Law in California
Hello
I have a month to month rental agreement. I have lived at this location in California for two years. Even though it is a month to month agreement, I pay six months in advance. I found a location closer to my university that I want to move to. I am paid until March 15 2010. I was wondering if I give my 30 day notice and move out in December Will I be able to recover rent for Jan 2010 and Feb 2010 since I will be moved out already?
THank you in Advance,
Ashlee
1 Answer from Attorneys
If you pay twice a year, you technically may not have a month-to-month tenancy. I would have to look at the rental agreement to figure out whether you have a monthly or a semi-annual tenancy. Generally a tenancy at will is called a month-to-month because that is the default time in the law, but if the parties specify rent is paid at a shorter or longer interval, then the tenancy is technically for that time period. If you have an agreement that says it is month-to-month, but you then pay twice a year, you have an ambiguity in the agreement that would have to be sorted out either by reviewing the terms of the agreement to see if it clarifies it, or by an analysis of all the facts of the sitution if the agreement doesn't clear it up. If, in fact, you have a month-to-month and you pre-paid rent, then you should be entitled to a refund. If, however, your tenancy is really half-yearly, then you would not.
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