Legal Question in Real Estate Law in California
month to month tenancy
I have a 1 bed., 1 bath rental unit over my garage that I had rented to a
tenant with a 6 month lease that at the end of the 6 months became a ''month
to month'' tenancy. I considered that to mean from the 1st of the month to
the end of the month. My tenant gave me notice on the 14th of a month that
he wanted to leave in 30 days. I explained that the reason I make it month to
month is that, in my experience, most applicants want a place to start their
tenancy at the beginning of a month and that it is difficult to find a tenant to
take a rental in the middle of the month. I said that if I could find a suitable
tenant to start mid-month, I would and his rent would end then, but I was
not able to. I found a tenant to take the place on the 1st of the next month.
He insisted it was in his right to leave mid-month and I disagree. I offered to
split the difference in lost rental. If he would absorb 1 weeks rent, I would
absorb the other week but he will not agree to this and insists he will only
pay to the 14th of the month. Could you provide the legal description of
''month to month rental'' and give your opinion on this situation? Thank you,
1 Answer from Attorneys
Re: month to month tenancy
Your tenant is correct. The terms of a "month to month" tenancy can be changed on 30 days notice. If your teant gives you 30-days notice on April 14th and movies out on May 14 as promised, the only owe through May 14th.
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