Oakland, CA asked in Consumer Law, Real Estate Law and Landlord - Tenant for California

Q: If I give my 30-day notice to move out in the middle of the month, do I need to pay the whole months rent?

I am on a month-to-month lease from a year lease that ended in April. I understand that I need to give a 30-day notice which I want to send right away. But since it is May 7th, and 30-days is June 7th, do I have to pay the whole month of June? My rent is pre-paid on the First of each month.

2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Unless your lease says otherwise, you can give your 30 day termination notice at any time during the month. You can prorate your rent payment through the end of the notice period. Make sure your notice is in the correct form and served properly.

David Piotrowski
David Piotrowski
Answered
  • Landlord Tenant Lawyer
  • Valencia, CA
  • Licensed in California

A: You would pay a prorated rent for June. To get the daily value, divide the full months' rent by 30. Then, multiply the daily value by the number of days in June until the 30 day notice expires.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.