Legal Question in Real Estate Law in California

How much do I pay for last month if evicted

If my landlord asks me to leave the rental as soon as posible and I give her a 15 day notice, does she have the right to charge me for a full month's rent? (she claims that she can since the law states 30 days notice from the tentant)


Asked on 2/12/02, 8:27 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: How much do I pay for last month if evicted

Your landlord told you to leave as soon as possible? And now that you want to leave in 15 days the landlord wants to charge you for a 30 day period?When you're on a month to month tenancy and want to terminate your occupancy you give a thirty day notice when you tender your next month's rent. However this may be changed by mutual agreement. This isn't going to make a big difference to the landlord since they'll turn around and re-lease the unit anyway. However, you will find yourself at a trial trying to play 'he said, she said.' Then the judge has to do a 'who do you believe.' So if you can stick to the end of the thirty day period it would be better. Judges can handle the exceptions. It's just easier to explain at the trial. That you conducted business in accordance with the lease and/or the law.

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Answered on 2/12/02, 11:48 pm


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