Author Topic: Month to month tenancy termination question  (Read 313 times)

dragonwalker

  • Stubble
  • **
  • Posts: 141
Month to month tenancy termination question
« on: April 03, 2021, 10:03:02 AM »
I live in CA and I signed a standard California Residential Lease Agreement for a month to month tenancy commencing on August 8, 2013.

I have been informed by my landlord that he is selling the home and I will have to move out by the end of May, basically a 2 month notice. Rent every month is due on the 1st of every month for the following month. 

If I inform him today April 3 that I will be moving out in 1 month then technically would I be due back money from the rent I have already paid for the time between April 8 to August 8? Meaning I should get a prorated rate for 4 days returned from August 4 to August 8 correct? I think this statement in my lease agreement answers that question, "In the event that the commencement date is not the 1st of the calendar month, rent payment remitted on the commencement date shall be prorated based on a 30 day period."

travel2020

  • 5 O'Clock Shadow
  • *
  • Posts: 65
  • Location: PNW
Re: Month to month tenancy termination question
« Reply #1 on: April 03, 2021, 07:24:30 PM »
Iím not in CA so donít know how their standard lease is structured. But from the section you included, it sounds like when you moved in, they should have prorated your rent and only charged you for the rent from 8/8 to end of the month.

If you paid full rent for the first month of August and every month after, then you may have a case, but I wouldnít assume that a notice on 4/3 would allow you to vacate 5/3 unless thatís how CA lease is structured e.g. if your lease has a clause that any notice must be given before the first of the month, etc. then April 3 May be too late On the other hand, your landlord may be more flexible as heís selling the property.




ToTheMoon

  • Pencil Stache
  • ****
  • Posts: 662
  • Location: BC
Re: Month to month tenancy termination question
« Reply #2 on: April 03, 2021, 09:51:30 PM »
How much is your rent per month? Have you already spent more time thinking about this than your 4 potential days of prorated rent is worth? Is this worth burning a good reference over?

Just thoughts - no judgement!

cchrissyy

  • Pencil Stache
  • ****
  • Posts: 901
  • Location: SF Bay Area
Re: Month to month tenancy termination question
« Reply #3 on: April 04, 2021, 11:59:23 AM »
when you move din, did you pay rent for august 8-31 and from that point on you have been sending the full month's amount?

if yes, i don't think the notice period or the way it gets charged has anything to do with your start date.  simply check your lease for how to give notice. if it says 30 days then yes you can gie notice mid-month and therefore your 30 days ends mid-month, meaning that your final rent payment is a prorated figure.