Am I responsible for rent for the entire month if I vacate shortly after being given a 30 day notice to vacate?

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Am I responsible for rent for the entire month if I vacate shortly after being given a 30 day notice to vacate?

I had a month-to-month lease. The landlord gave me notice to vacate one hour after I paid the rent, in cash, on the first of the month. I made arrangements to move out on the third of the month. He claims I am responsible for the entire month’s rent. I claim I am responsible for 3 days of rent since

he is the one serving the 30 day notice. Who is right? Do I have to give him 30 days notice even though he has already given me the notice?

Asked on May 2, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

He is right. A month-to-month lease means what it sounds like: you rent for a month at time and therefore are obligated to pay rent for a month at a time. Notice is only effective at terminating the tenancy after a month--neither you nor he can give 3 day notice, for example, to terminate a month-to-month tenancy. Yes, you may physically move out earlier if convenient for you, but that does not eliminate your obligation to pay rent for that whole last month.


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