I own a 2BR-2BA condo in the City of Los Angeles. I live in one BR-BA & rent out the other month-to-month. My tenant's rent is due on the first; his deposit was two rental periods, though the apartment is furnished; & each side agreed to give the other side 30 days's notice; if he gave less than 30 days' notice, he forfeits the deposit.
So my tenant gave me notice in the middle of the month (the 15th) & said that he only wanted to pay two week's worth rent on his last month. We have a written contract but it doesn't address pro-rating rent. He moved in on the first of the month so it wasn't an issue then. But I'd rather he pay a full month's rent, regardless when he moves out, since he'll be there on the first when rent is due, & he gets his entire deposit back.
What's LA & CA law?
My tenant did give me 30 days notice--he just gave it on the 15th, in the middle of the month. He wants to move out on the 15th of NEXT month. And on that last month, he only wants to pay half the usual rent. My position is, he's there on the first, full rent is due on the first, and our rental agreement (it's not a lease, it's month-to-month) says nothing about pro-rating rent.
The notice period has nothing to do with the 1st of the month, when the rent is typically due. Either landlord or tenant can give notice in the middle of the month.
If the tenant only provided 15 days' notice when 30 days notice was required, then the tenant still owes 15 days of rent. The landlord can deduct 15 days of rent from the security deposit, provided the landlord gives the tenant an itemized deduction within 21 days after the tenant moves out, as required under Civil Code section 1950.5.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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