Legal Question in Real Estate Law in California

Partial month rent

If there is no agreement that a 30 day notice is required, and I leave in the middle of the month am I entitled to receive part of the rent back?

After giving a 1 week notice the lady my friend was living with said she would refund 1/2 the rent and on the move out date she changed her mind and decided not to return anything.

Is this legal?


Asked on 8/02/06, 12:00 am

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Partial month rent

The landlord is legally entitled to 30-days notice of your intent to leave. On a month-to-month lease, the tenant is entitled to 30-days notice of any intent by the landlord to change the terms such as increasing the rent, but it is a two-way street. You owe the landlord the same courtesy. The landlord could could have demanded that you give a full 30-days notice and pay rent for that full 30 days.

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Answered on 8/02/06, 1:04 am


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