Legal Question in Real Estate Law in California

Mid Month Cycle

I have two roommates and one of them will be moving out shortly. Ou rent is paid from the 10th to the 10th of every month. The roommate who is moving out gave his notice on January 31st. As such, he feels he should only be responsible for 2/3 of the February rent, 02/10 though 02/28. I think that he is responsible for rent for the entire rent cycle 02/10 though 03/10. We have an oral agreement with the landlord only, and it is a month to month arrangement. Please advise on the standard rule. Should the rent be prorated or is he responsible for a full rent cycle as long as it is greater than 30 days?

Thank you!


Asked on 2/25/03, 3:51 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mid Month Cycle

The notice requirement (to end a month-to-month tenancy)is thirty days, and it has no relationship to the beginning or ending of a particular month, or the rent due date, or the anniversary of the move-in (unless the rental agreement provides otherwise, of course). If at least 30 days' prior notice is given, a month-to-month tenant can cancel and move out on any day of the month and will owe pro-rata rent up to the date he vacates.

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Answered on 2/25/03, 5:04 pm


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