Legal Question in Landlord & Tenant Law in California

my landlord gave me a 90 day termination of tenancy notice on jan 10, 2014. i found another place to live and am going to move in on the 31st of this month (jan ). i called my landlord today and told her i will be out of my apt on the 31st and will be dropping off the keys. she says i have to give a 30 notice to them first, and i will be charged rent this feburary. since my tenancy is being terminated, and we are on a month to month agreement, do i still have to give them 30 day notice? or can i legally leave the property and not be charged for feb.


Asked on 1/27/14, 4:34 pm

2 Answers from Attorneys
Brian Rosales Harris, Rosales & harris

You are responsible for the rent until the end of the landlord's notice. However since you, as a tenant, can terminate the tenancy with a 30-day notice, you could provide such a notice and only be responsible for the rent to the end of your 30-day notice. If you gave one today you would be rent responsible until Feb. 26. If the landlord re-rents the property before then you will be responsible to the re-rent date.

Read more
Answered on 1/27/14, 5:15 pm
Anthony Roach Law Office of Anthony A. Roach

You need to give a thirty day written notice, a phone call is not sufficient and does not legally comply with Civil Code section 1946. You are responsible for paying rent up to the end of your tenancy which expires at the end of your notice.

Read more
Answered on 1/28/14, 12:23 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California