My tenant was on a 12 month lease since 2/2016. The last 12 month lease ended on 2/2019 & I no longer wanted to renew the lease. I served tenant a 60 days notice (ending date March 31, 2019. Tenant notified me via text that he plans to move out by 3/1/2019.
I requested a proper & 30 day notice. Is tenant required to pay thru March 31st? Or should I accept a 30 day notice mid month?
The property is in the state of California.
In California, a month to month tenant may give a 30 day notice to terminate a tenancy at any time. Generally rent is due until 30 days after the notice is given.
Mr. Freitas is an attorney licensed in the State of California. The answer provided here is general information and not intended to be specific legal advice. There is not attorney client relationship created by Mr. Freitas' answering any question on this website.
If the tenant gave a 30 day notice which expires before your 60 day notice expires, the last day of the tenancy would be based on the tenants 30 day notice.
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In a month-to-month tenancy, the end date of the 30 day notice to vacate must coincide with the "end of the month." So, if the tenancy started on the 15th (or whatever date is specified in the lease), the 30 day notice period must end on the 15th (or whatever date is specified in the lease). If the month-to-month tenancy period is from the 1st to the last day of a particular month, the notice to move out given by the tenant must coincide with a move out on the last day of the month. Under California law, on a month-to-month rental agreement, if a tenant occupies the apartment during any part of a month, he/she is assumed to have renewed the rental agreement for the entire month.
Assuming rent for the full month is due on the 1st, if your tenant gave you a 30 day notice to vacate on February 1st, then the tenant can certainly move out on March 1. However, if the tenant gave you notice on February 10th, the the move out date on the notice cannot be March 10th because the tenant would have to pay the rent for March on 3/1 for the entire month. Notice given on 2/10 should have a 3/31 move out date. Of course, you can always agree to accept a notice that is not proper.
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