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After being served a Three-Day Notice to Pay Rent or Quit, does the tenant have to pay rent if she moves within the 3 days?

Monterey, CA |

After being served a Three-Day Notice to Pay Rent or Quit, does the tenant have to pay rent if she moves within the 3 days?

Attorney Answers 1


  1. If the tenant quits (vacates) pursuant to a 3-day notice to pay rent or quit, then the tenancy is terminated and the landlord is entitled to the rent through the date of the termination.

    Additionally, because the tenant breached the rental agreement by failing to pay rent, the landlord is also entitled to reasonable damages resulting from the breach, such as the rent demanded in the notice. Nevertheless, the landlord must make reasonable efforts to re-rent the unit and mitigate the damages. So, for instance, if the tenant quits on October 10th and the landlord is able to re-rent the unit on October 15th, then the tenant's rent liability will be for 15 days.

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