If I move out mid-month am I liable for the whole month’s rent?

I have given my 30 days notice to vacate my premises by the 14th of this month. My landlord says that I am responsible to pay for the full month’s rent of $500 based on my written lease. My lease states: “Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving the Tenant with a written notice of termination (30 to 60 day notice, as applicable), or by any other means allowed by applicable [state] law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice”. I’m wondering if this states that I’m responsible to pay for the entire month or if I’m allowed to pay a prorated rent to move out mid month.

Asked on November 7, 2011 under Real Estate Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you gave your thirty days written notice of your intent to vacate the premises on October 15 to the landlord or the landlord's agent, your thirty day period is up on November 14.  You would only owe a prorated amount of rent for November which would cover the period of November 1-14.  You do not owe any rent beyond November 14. 

Prorating rent for a tenant who is not there an entire month is a fundamental procedure in the landlord / tenant relationship whether it occurs at the beginning of the lease or at the termination of the lease. 

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