Legal Question in Real Estate Law in California

When I moved into my current place, I paid first and last month's rent. I provided 30 days notice on 8/10 with my last day in the house being 9/10. I have already paid for August rent and the check has been processed by my landlord.

Rightfully, my 'last month' would be August correct? My landlord is saying our last month is September, so she will not ProRate September rent and refund the difference (since last month's was paid up front). In essence, she is forcing us to stay through the end of September.

I have a right to state that my 'last month' is August 2009 and that she cannot keep our full last month's rent for all of September, right?


Asked on 8/13/09, 2:42 pm

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

I don't fully agree with either of you. First, the landlord has to prorate the rent. A tenant on month-to-month can give a 30-day notice on any day of the month; it doesn't have to be given on the "monthiversary" of the beginning day of the rental.

However, the "last month" was from 8/10 to 9/10 (a period, by the way, which includes 32 days inclusive of the beginning and ending dates, and 31 days by conventional legal counting), not August.

If your rental agreement really states that the additional money you gave the landlord at the inception of the rental was the last month's rent, the landlord should apply it toward 8/11 through 9/10; if your agreement calls it a security deposit, you need to pay for all of August, as you did, then for 1/3 of September.

Within 15 days after you vacate, the landlord must give you a final accounting and refund any excess funds held after rent and cleaning or damage.

I recommend you insist on a walk-through inspection when you hand over the keys on 9/10.

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Answered on 8/13/09, 9:03 pm


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