Legal Question in Landlord & Tenant Law in California

Refund of partial month's rent

I delivered a 45 day termination notice to my tenant on April 1 (even though only 30 days is required). They had already paid rent for the month of April before I served the notice. On April 3, they delivered a notice to me that they would be moving out by April 11. Now they are asking for the partial month's rent refunded because they moved out early. I said no, that they did not give me 30 days notice so I was not required to refund their money. They argue that since they were ''evicted,'' which they were not, that they have the right to a refund for the part of the month they will not occupy the residence. Who is right and where can I find CA civil code backup on this?


Asked on 4/18/06, 12:19 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Refund of partial month's rent

30 days' notice is required. Most likely your lease also contains a 30-day provision. Thus, because they didn't give you 30 days' notice on April 3, they might even be obligated for the May rent. But, you might want to be a nice person and forgive the May rent. Make sure you itemize the repairs necessary when accounting to them for the security deposit.

Read more
Answered on 4/18/06, 1:39 am
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Refund of partial month's rent

You are correct.

If the lease provides for a minimum of 30 days notice to terminate the tenancy, that's really all the authority you need.

But Code of Civil Procedure section 1161(a) (which references Civil Code section 1946) expressly authorizes termination of a nonfixed term tenancy (i.e. month to month) pursuant to the service of a 30 day notice.

Technically, your former tenants might be responsible for all of May's rent but certainly they are responsible for rent through May 3 (30 days after their notice).

Good luck.

***No Legal Services or Attorney Client Relationship - Although this email may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this email as a source of legal advice. Until a formal Retainer Agreement is executed, any communication between you and The Guerrini Law Firm cannot create any attorney-client relationship between you and The Guerrini Law Firm.***

Read more
Answered on 4/18/06, 8:37 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California