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If my tenate has a month to month moved out without notice can i collect rent until i find a new renter

Simi Valley, CA |

if my tenate has a month to month moved out without notice can i collect rent until i find a new renter

Attorney Answers 2


  1. A tenant can terminate a month-to-month tenancy with a 30 day notice. That was not given to you. So, you are generally entitled to the resulting damages (i.e. rent for the next 30 days).

    However, you have a duty to try to minimize your damages. This means that you must make a reasonable effort to re-rent the unit as early as possible. If you find a new tenant within 15 days, for example, then you cannot collect 30 days worth of rent from your prior tenant - only 15 days worth of rent.


  2. A tenant can terminate a month-to-month tenancy with a 30 day notice. That was not given to you. So, you are generally entitled to the resulting damages (i.e. rent for the next 30 days).

    However, you have a duty to try to minimize your damages. This means that you must make a reasonable effort to re-rent the unit as early as possible. If you find a new tenant within 15 days, for example, then you cannot collect 30 days worth of rent from your prior tenant - only 15 days worth of rent.

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