Fora month-to-month leases what happens if you leave in the middle of the month?

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Fora month-to-month leases what happens if you leave in the middle of the month?

I have a month-to-month rental agreement. If I give written notice on the 21st of the month that I am moving out on the 22nd of the following month, am I responsible to pay the rent for the entire month or just the 22 days? Rent is usually due on the 1st.

Asked on July 29, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are on a month to month oral agreement with your landlord, and you give 30 days notice to vacate to the landlord served on him or her on July 21, 2011, you vacate the unit August 22, 2011. The rent for August 2011 would be pro-rated for the number of days that month. Namely, you pay for 22 days in August 2011 if August 22, 2011 is your actual move out date.

However, if you have a written lease on a month to month basis requiring more than 30 days notice to vacate, there is a chance you need to comply with the lease's terms unless you have state law with a 30 day notice requirement.

Good luck.


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