Legal Question in Landlord & Tenant Law in California
Hello. I am currently staying in a house which i am subleasing from a tenant starting Feb6 2010. The lease is for 6 months and then month to month. I gave notice on Aug 5th of this month and told my landlord that i will be leaving by September 1st week. Today my landlord told me that if he cant find a replacement by this month end, he is going to charge me for next month rent as well because i did not give him enough notice and i needed to tell him on August 1st. I read my lease and it does not say anything about giving notice on 1st of the month, it only says that i need to give 30 day notice if i am leaving. So worst case according to me is he should take rent for those extra 4 days(Sep1-5) and return back rest of the security deposit. But he says it doesnt work that way. I was just hoping if anyone could let me know if i am wrong and whether California law states that i need to give notice on 1st itself. Thank You.
1 Answer from Attorneys
Your landlord is the one who is wrong about how it works. Unless your lease requires notice by the first, you may give your 30-days notice at any time. So if you gave notice on August 5th, you owe rent through September 4.