Legal Question in Real Estate Law in California

If we moved out April 1st but paid our last month's rent for April, what is the day we surrendered premises?


Asked on 5/25/10, 4:24 pm

2 Answers from Attorneys

The day you delivered keys and any other access devices (garage remote for example).

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Answered on 5/25/10, 10:36 pm
Anthony Roach Law Office of Anthony A. Roach

Mr. McCormick is crazy for answering a question without sufficient factual background. It depends on what kind of tenancy you had, and whether you gave proper notice, and then moved out when you stated you were leaving. For example, on a month to month tenancy, also known as a periodic tenancy, you must give your landlord written notice of your intention to move. You must give the landlord the same amount of notice as there are days between rent payments. Normally, in a periodic tenancy, this is 30 days notice. (Civ. Code, section 1946.) There are problems, here, however, if it was a fixed tenancy and you moved out early. In that situation, you are in breach of the lease agreement, and the landlord may have damages for the loss of rent caused by you vacating the premises. So there is no way that I could answer your question without knowing: 1) what kind of tenancy you had; 2) whether you gave notice; and 3) when you gave notice.

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Answered on 5/26/10, 6:36 pm


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