Legal Question in Real Estate Law in California
Tenant moving out middle of month.
I have a tenant who signed a year contract who has been living month-to-month for several years. They now want to leave and have submitted their 30 day notice on the 10th. Our contract has been month-to-month with the rent due on the 1st. Can they give me a notice on the 10th or must they pay the remainder of the month and the next month as well.
3 Answers from Attorneys
Re: Tenant moving out middle of month.
A month-to-month tenant can give a 30-day notice any dat of the month; it doesn't have to be given on the anniversary day of the original lease.
Re: Tenant moving out middle of month.
Tenants must pay rent until they move out, even if they have paid a security deposit.
Re: Tenant moving out middle of month.
Mr. Whipple is correct. In addition, rent would be pro-rated for the period between the 1st and the 10th. For instance, if rent were $960.00 per month, daily rent would be $32.00; hence, the tenant should pay rent in the amount of $320.00 for the period between the 1st and the 10th ($32.00 x 10 days = $320.00).
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