On a month-to-month lease with a proper 30 day vacant notice, if a landlord doesn’t receive notice until 05/03 does the tenant have to pay all of May and all of June or just until 06/03?

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On a month-to-month lease with a proper 30 day vacant notice, if a landlord doesn’t receive notice until 05/03 does the tenant have to pay all of May and all of June or just until 06/03?

I have read the code and am trying to specify it since others have thought it meant giving notice before end of month only, however that isn’t stipulated in the agreement only 30 days. CA code says 30 days at any time and rent is due and payable for that month and up until any termination date. My mom is a landlord and I help her, however I think that she is interpreting the code wrong by saying the tenant owes for all of June as well eventhough the 30 days would expire June 3, I believe it is only due up until June 3rd according to code wording and what I have seen other real estate attorneys say.

Asked on May 16, 2019 under Real Estate Law, California

Answers:

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

Answered 2 years ago | Contributor

If a tenant gave thirty days notice on May 3, the tenant would only owe rent through June 2 because May has thirty one days.
The tenant does NOT owe rent for the entire month of June. The thirty day notice can be given at any time during the month.


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