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

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.

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.

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