Legal Question in Landlord & Tenant Law in California

Lease agreement

I had a one year lease starting Sept 15 2005 to Sept 16 2006, after which I started a month to month lease. I terminated my lease and vacated quarters on March 16 2007 having already given 30 days notice. A conversation between my wife and the Landlord gave us the impression that we would pay for the whole month of March and be reimbursed for the end of March along with my security deposit in April. I received the deposit back but the landlord is telling me that I had to pay the full months rent, even though the lease started in the middle of the month. I'm not sure whether he is entitled to the half months rent or if we should have got it back, it is a total of $587.00, any help would be greatly appreciated.


Asked on 5/18/07, 11:31 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Lease agreement

Good question. One fact is missing. That is the key fact...when did you give notice, and was it in writing?

IF you gave written notice on Feb. 13, 2007 (30 days before March 15) and kept a copy, you are in business. If not, you have a problem. The law is clear----on a month to month lease, either party can terminate with 30 days written notice (oral notice is acceptable, but a lot harder to prove, if there is a dispute). Also, when did you pay the full month's rent?... on Feb. 16, or March 1?. I am assuming March 1, bringing up another question...when and how often did you start paying on the first? Bottom line....I need these questions answered before I can answer. E-mail me, and I can better answer your legal questions.

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Answered on 5/18/07, 12:16 pm


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