Legal Question in Real Estate Law in California

Re: Thirty day notice

Dear Inquirer:

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NOW, IN RESPONSE TO YOUR INQUIRY --

If you give 30 days notice you are entitled to stay 30 days and apply the "last month's rent" to that period IF the money that your landlord is holding really is for the last month's rent and not a security deposit. (Security deposits can not be unilaterally applied to the last month's rent.) If the landlord wants you to move out early, have him/her refund the unused portion of the rent plus something extra for your inconvenience; otherwise stay put.

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Re: Thirty day notice

If I understand the question, you are asking (for example) "I have prepaid for November, I gave a 30-day notice on October 31 that I would move out on November 30th, I actually moved out on November 15 and the place was re-occupied by a replacement tenant on November 16. Am I entitled to a refund for Nov. 16 through 30?"

If this is the question, I think the answer is yes, you are entitled to a refund of 1/2 month rent, reduced by any cleaning or repair charges the landlord is entitled to assess and also reduced by re-renting costs, if any, such as advertising.

The legal reason is that even though you were obligated to pay through 11/30, the landlord would be unable to assert a claim for damages had you not paid, due to his 'mitigation of damages' limitation on recovery.