Thirty day notice
I have a month to month rental and have paid the last month up front.What if I give my 30 day notice and stay until it is rerented and the landlord rents the room in the second week, can they keep my whole months rent since they are collecting from the new person too?
Re: Thirty day notice
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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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E. Daniel Bors Jr.
Attorney & Counselor At Law
24422 Avenida De La Carlota, Suite 310
Laguna Hills, CA 92653-3638
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.
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
P O Box 318
Tomales, CA 94971-0318