Legal Question in Real Estate Law in California

How much rent are you legally responisble for???

I an purchasing a home and have given my landlord sufficient notice. I informed him that in the event I moved in the middle of the month I would pay for the time I was still on the premises (partial rent for days unit is occupied). My landlord in turn informs me that the entire amount of rent is due for each month I am in residence be it 1 day or or 30. In addition he wants to do the ''walk-thru'' while I am still in residence. Is any of this legal under California law. I have a month to month lease and my rent is up to date.


Asked on 2/20/02, 1:25 am

3 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: How much rent are you legally responisble for???

You rent the place month to month so you owe the whole month for being there any part of it. The walk through may be done at anytime. However, take a lot of pictures of the place after you move and clean it up. The landlord is going to do his/her second walk through after you return the keys. Then the landlord will not want to return your deposit. So you're going to have to sue to recover it; and you'll need the pictures to show that you didn't damage the place.

Read more
Answered on 2/20/02, 9:23 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: How much rent are you legally responisble for???

A month to month rental requires a 30 day notice for termination. That means, if you give notice on the 15th of the month, you will be required to stay for 30 days.

Read more
Answered on 2/20/02, 1:20 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How much rent are you legally responisble for???

Read Civil Code section 1946 (on line or at a library) which covers termination of month-to-month tenancies. Unless you have a written rental agreement with a different provision, a month to month tenancy can be terminated on any day of the month by giving at least 30 days' prior notice, and rent is due only for the balance of the tenancy. Note that my opinion differs from the advice previously given you.

Read more
Answered on 2/20/02, 1:22 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California