Legal Question in Real Estate Law in California

Re: Unsure if money is due

Your description of the circumstances is a little puzzling. If you gave a 30-day notice on September 15, the last day would be October 15, not November 14. Perhaps you gave them a 60-day notice (whoich would be OK), or maybe you misstated your facts.

In any event, the rules are as follows. A 30-day notice to terminate a month-to-month tenancy can be given on any day, not just the anniversary of the rental or the last or first day of the calendar month. The rental then terminates at the end of the 30th day (or other, later date specified in the notice). Rent is due to and including the last day, and if a partial rental period is involved (as here), the rent is prorated.

You can always cash a rent check that doesn't pay for time beyond the last day. However, accepting rent beyond the termination date usually authorizes a hold-over for the period paid for.

The tenant's failure to return the keys could be interpreted as some evidence that they are holding over, but if all other signs point to them having moved without intent to return, then (after an attempt to contact them) I would suggest changing the locks and deducting the cost from the tenants' deposit, if any.

This situation points out two other reasons to get a security deposit -- paying for the lock change, and, if the tenants were expecting a refund, they would provide a forwarding address so you could contact them about keys, etc.