My husband and I are on a month-to month lease, we live in California and are moving on the 22 of October. We just now are giving are 30 day notice and our manager said that he needs full payment for the month of Octoberand will not prorate it. Legally is he allowed to demand full payment for the month? If I prorate the bill myself could he legally evict me before the time we are moving out? He said he would give it after we moved out, but our manager if famous for never giving back security deposits and the like, we live in a mobile home park- hes probably keeping the money for himself. I just want to make sure he cant kick us out before that time period. Thanks.

rockinmommy

In the first post of this forum is a link to each state's landlord/tenant laws. Check yours to see what it says about notices, prorating rent, etc. Also, if you have a written lease, even an expired one that went to month-to-month, check to see what that has to say.

You can always try to pay him just the pro-rated amount. If he askes for the rest and talks about eviction you can then decide if it's worth it to pay up. Even if he bothered with eviction he'd have to first give you a notice before he could even file in county court. Then it would be another couple of weeks before the court date.....He could get a monetary ruleing against you though, if it's called for in your local laws.

I hope you gave him written notice. You would need that if he took you to court. If you haven't, give him a written notice today. Then when you pay him the Oct rent give him another letter stating, "As we have given you 30 days notice on Sept. 19 indicating that we will be moved out by Oct. 22 we are now paying you $XXX.XX. That is our prorated rent through the final day of our tenancy, Oct. 22. Our forwarding address is XXXXXXXXXXXXXX. That is where you can send our security deposit within the XXX days allowed by California Law."

NBNET

You DO NOT HAVE TO PAY THE FULL MONTH OF OCTOBER!!! It is his job to prorate it and give you the amount (make sure it's right of course) and then you pay it and leave when you are supposed too. He has absolutely no right to demand full payment you gave him 30 day notice already. Legally he can't evict you before then you have done nothing wrong you gave him your 30 day notice pay the correct amount your supposed to pay and leave when you are supposed to leave it is as simple as that, even if he tries to take you to court he will not gain anything out of it make sure you keep all documents that you have given him and he has given you. As for the security deposit he is by law supposed to give it all back to you except for of course the amount they keep for cleaning etc. and even then he has to give you paperwork on what is being taken out of the security deposit and for what. If you need any more help you should check out Landlord/Tenant Book Index - California Department of Consumer Affairs it has some useful information. Keep on the ball and good luck!!