What canmy landlorddo to me ifI leave owing rent?

I told my landlord I can no longer pay the rent and will leave at the end of the month. And I can only pay to them the past due month next month.

Asked on November 9, 2011 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If you are a month to month tenant (which includes having no written lease, or having a written lease stating you are month to month), you only need to provide 30 days notice. You would only be liable for rent through the notice period, and for any previously unpaid rent.

2) If you have a written lease which provides a definite term or length to your rental, then unless the lease specifically gives you the right to terminate early, you are responsible for all the rent for the entire remaining period of the lease--and for anything previously not paid.

3) In either event above, the landlord can take whatever you owe him out of your security deposit, then sue you for the remaining balance, if the deposit does not fully cover it.

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