Legal Question in Landlord & Tenant Law in California

I had a tenant give a written moving notice saying they would be moving out on the 31st December, 2010. They vacated on 2 January, 2011. I declared their moving notice void since they didn't act on their promise.

I charged the tenant for 30 days of rent.

I have a clause in my rental agreement that states if a tenant holds over beyond their stated termination date, they shall be liable for additional rent.

My logic is, an agreement is an agreement, if the tenants were to move 18 days after they intended to vacate, would their notice still be valid?

One can extrapolate the two days to make the point.


Asked on 2/09/11, 9:33 pm

1 Answer from Attorneys

Once they give at least 30-days notice, the tenancy is terminated. Moving out late does not void the notice, but rather creates an unlawful detainer for the number of days they stay. They are only liable for rent for the period of the unlawful detainer plus any other damages caused by the unlawful detainer, which for two days of holiday there wouldn't be any.

Read more
Answered on 2/10/11, 3:08 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California