Legal Question in Landlord & Tenant Law in California

First, you need to read your lease carefully. You indicate that it clearly indicates it is a month-to-month, but then go on to say that you assume it is because the house is up for sale. You must be sure that it is truly month-to-month from the first day, or you may have a four month lease which then converts to month-to-month. Even if you are month-to-month, you could be liable for rent through the end of the second month (June), because your lease may not allow you to pro-rate a month by giving notice mid month. With a written lease, the language in the lease is going to control to a degree, so you need to review it carefully. Assuming it is a true month-to-month lease, then no, the landlord cannot hold you liable for anything more than the rent through the end of the 30 day notice properly given (you need to give it in writing, to the address in the lease to which notices must be sent). An oral 30 day notice is not going to be sufficient if she challenges this. The pre-paid rent does not have to be returned until 21 days after the tenancy is terminated.

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