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Do I need to pay a full months rent if I was given a "pay or quit" notice and decided to quit?

Los Angeles, CA |

I was given a pay or quit notice and was wondering what happens if I chose quit. My one year lease has been over for 3 months now and I am currently on a month to month basis. If I chose to quit can I get a pro rate charge for the months that I was on the premise or does everything have to be paid in full. I also gave my thirty day notice on the 20th of last month and my landlord said I'm responsible for the full month of February, is he correct?

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Attorney answers 3


If you "quit" within the 3 days, you will only owe rent from the time period up through the date you move out. Most likely if you were served with a 3 day notice to pay rent or quit, you owe back rent, so all of that back rent must be paid. However, you would not owe future rent after you move out.

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 posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.



So you are saying that since I have no back rent and have always paid my rent, if I decide to quit and pay up until the quit date (2/7/2013) I will have no other obligations to my landlord?


Frank, you are a friggen Genius

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.


I agree with Mr. Cohen.