Escondido, CA asked in Landlord - Tenant for California

Q: Am I due prorated rent for month-to-month terms after giving notice midterm?

When I moved in I paid last month's rent in addition to security deposits. My lease rolled over to month to month after 1 year. I gave my 30-day notice midterm (on the 20th), which my lease doesn't prohibit, and my landlord is claiming that they didn't approve it although I never received a denial, written or otherwise. They did meet me for a pre-walkthrough on the 13th and took my keys at that time but are refusing prorated rent refund for the 10 days. Is this correct? I'm in California and this is residential property.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: As long as your lease does not prohibit a mid term notice and you provided at least 30 days notice to the LL, you are entitled to a refund of any rent paid for the period after the expiration of that 30 days if you were moved out. Otherwise, the LL could keep your money and rent to a new occupant, receiving double rent for the premises and putting a new occupant into the premises that you were paying for, without your permission.

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