Prorated Rent-California

I was provided with a 60 day notice from my Landlord on 6/26/09. Now, I found a new apt. and my move in date is 7/11/09 so I informed my Landlord that I would be out of the apt. on that day so if she could Pro-rate my rent for the month of July for the remaining time of my stay, I would provide her with the specified amount. She then stated that because I did not give her a 30 day notice I would have to pay for the full month of July even if I’m not staying there. Should I still have to pay for the FULL month of July?

Asked on July 3, 2009 under Real Estate Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you still have to pay for the full month of July.  The landlord is correct, that you have to give 30 day notice to end your lease before the end of August (after the landlord's notice).  To avoid paying rent for July, you would have had to have given notice no later than June 1.

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