Legal Question in Real Estate Law in California
I have given my 30 days notice to vacate my premises by November 14 2011. My landlord says that I am responsible to pay for the full month of Novembers rent of $500 based on my written lease. My lease states:
Tenant must give a thirty (30) day written notice to the Landlord of Tenant's intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving the Tenant with a written notice of termination (30 to 60 day notice, as applicable), or by any other means allowed by applicable California law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.
I'm wondering if this states that Im responsible to pay for the entire month or if I'm allowed to pay a prorated rent to move out mid month.
Thank you very much!
2 Answers from Attorneys
The lease is consistent with California law which provides that at any time the tenant can give a thirty day notice on a month to month tenancy and move out at the end of that thirty day period. The notice can be given at any day of the month. Basically, what is occurring is that if neither side gives notice, the lease renews each month at the end of the thirty day period of time. So if on the 15th you say you are not going to renew, then the lease would end at the end of that month but because you must give thirty days notice you are still liable for the rent up to the 15th of the next month [if that is 30 days]. If on or before October 15 you gave a thirty day written notice to the landlord, the on the first of November you would pay rent for the first 14 days of November and not the entire month, as you are moving out by those 14 days.
I have been a landlord for many years and favor landlords, but California law is what I have described above.
Mr. Shers is right. You are right. A 30-day notice of termination can be given on ANY day of the month and is effective 30 days thereafter.
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