[Dtrain]

I am a Landlord and just received written 30 days notice from a tenant. Instead of the tenant moving out at the end of May, which would be typical, they have told me they will be out by June 3, 2008. They have offered to pay 3 days rent for June. I'm sure this is convenient for the tenant, but I would prefer they be out at the end of the month. Do I have to except this? Thanks.

[JudyKayTee]

I am a Landlord and just received written 30 days notice from a tenant. Instead of the tenant moving out at the end of May, which would be typical, they have told me they will be out by June 3, 2008. They have offered to pay 3 days rent for June. I'm sure this is convenient for the tenant, but I would prefer they be out at the end of the month. Do I have to except this? Thanks.

No, you don't - they rent month to month and pay rent month to month.

You are entitled to rent from them for the month of June. If they left 3 days early they would also not be entitled to a refund.

[scri8e]

Again this is a State specific issue. In CA yes it is perfectly legal and usual. It doesn't go by what day of the month they moved in either.
CA is a calendar day state. There are others.

A suggestion to board owners that state be manditory profile info listed when posting in this forum.

[JudyKayTee]

Again this is a State specific issue. In CA yes it is perfectly legal and usual. It doesn't go by what day of the month they moved in either.
CA is a calendar day state. There are others.

A suggestion to board owners that state be manditory profile info listed when posting in this forum.

I need clarification here - for example: I rent month to month; I pay the rent for May but tell the landlord I am not actually moving until June 3rd; the landlord gets paid for three days in June and that's it?

Not confronting you with the question but - what is the landlord supposed to do when an apartment isn't available until the 3rd?

Many of my tenants move from here to there in the same day. They couldn't rent an apartment when they had no place to go from the end of May until the 3rd or 4th of June.

What does "calendar day" mean - it's not a true month to month tenancy?

Confused - have never seen this info posted before.

[scri8e]

I realise you are not confronting me.
In LL/TT law no matter the forum we all need to remember that this area of the law is very specific to the State laws for Landlord/Tenant law. As I posted before the law can sometimes vary with in the state by county/county and city/city. The most obvious being rent controlled cities verses non rent controlled cities.

Yes you have it correct. A 30 day notice of terminating tenancy can be for a longer period than 30 days. It can be 30 days from the 10th of the month to the 10th of the month in CA.
NY may be different.

An CA example on the LL side.

I gave tenants of mine a 60 day notice to terminate tenancy no reason on July 6th the notice time for them to be out was 60 days later. July and August are 31 days. Notice was up on Sept 4th legally. I gave them until the Sept 7th. In CA the law states that if a tenant has been in the dwelling for more than 1 year then a 60 day notice needs to be given. Less than a year 30 days notice.

I took a quick scan through my Nolo every landlord's legal guide to find the correct term for this. I was not successful. I may have the
"calendar day" term incorrect.

I will hunt a bit more and see if I can't come up with the correct term and some codes for us to reference.

Knowledge based on fact and law code is always a good thing.

[scri8e]

Here is a post reply from Terry on this subject. So we would need to look to the Tenants Handbook issued by the state of CA.

Terry [CA]) Posted on:

Josh, if they give notice on the 8th of a month, their last day will vary depending on what the current and next month are and how many days in them. For example if this month the 8th they gave notice, their last day would be the 8th. But if they gave notice in May on the 8th, their last day would be the 7th of June due to May having 31 days.

There is no "legal" term though I often use literal days when referring to notice requirements in CA. 30 literal days regardless of when during the month.


What is the term? (by Terry [CA]) Posted on:

The "code" does not spell it out because that is the default unless the code, as is the case in most other states, specifies that the notice must end on the last day of a rental period, that the notice must be given at least XX days before the end of the current or next rental period, etc.

The online tenant handbook references it and explains it by the way.

[scri8e]

You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)179

Source:
California Tenants - California Department of Consumer Affairs

[ScottGem]

The following is from the CA Tenants book:
California Tenants - California Department of Consumer Affairs

You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier.

So, it appears that CA, at least, allows tenants to specify the date of termination as long as it is past the statutorily required notice period.

I think this may be more typical than atypical. Landlords often offer units available during the month, they may base the rental period from the date of mov ein or pro-rate the first month.

[froggy7]

I think this may be more typical than atypical. Landlords often offer units available during the month, they may base the rental period fromt he date of mov ein or pro-rate the first month.

I just recently rented a spot, started on the 23rd. We prorated the time from then to the 1st of May, with the rental period running from the first to the first. So I'd say it's not too uncommon.

[scri8e]

It doesn't have anything to do with the move in date. It has everything to do with complying with the 30 days no matter when that 30 day clock is set in motion. Yes it can be over 30days. It cannot be under 30 days.

This is CA LL/TT law. Are there any other States? That I don't know.
Nor do I know if the OP is from CA, NY or what State they are in?

[JudyKayTee]

You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier.

So, it appears that CA, at least, allows tenants to specify the date of termination as long as it is past the statutorily required notice period.

I think this may be more typical than atypical. Landlords often offer units available during the month, they may base the rental period fromt he date of mov ein or pro-rate the first month.

Where is that California Attorney when you need him? Obviously California is very different from NY!

[ScottGem]

Where is that California Attorney when you need him? Obviously California is very different from NY!

Hi Judy,

I tried to find the law in NY on this and couldn't find anything specific. Do you have a cite on it. I was under the assumpion that CA was actual typical in this regard.

[JudyKayTee]

Hi Judy,

I tried to find the law in NY on this and couldn't find anything specific. Do you have a cite on it. I was under the assumpion that CA was actual typical in this regard.

Okay, I had to pull my own file on this. This only happened to me once (tenant overstayed a week and paid for that 1 week instead of the entire month on a month-to-month tenancy) and the Judgment in Small Claims Court for the rent for the entire month referenced Section 232-b.

Took me a while to find it but it's NYS Real Property Law, that's the right Section, which basically says outside of NYC a month-to-month is terminated (by either party) by giving at least one month's notice. The example is if the rent is due on the first of each month, the tenant must inform the landlord before September 30th (before the October rent is due) that he is moving out on November 1st. The one month notice is October 1st and ends October 31st.

I am only speculating but the tenancy remains month-to-month and does not convert to one month and a week unless both parties agree. If the party overstays the month-to-month is still in effect and the tenant owes for the following month - at least that was the decision in my case.

I can't find anything more specific.

[cdad]

Also that Im aware of some rental units are under a district supervision like local housing authority in Calif. Mostly rental termination is consiodered with turning in the keys because the owner is usually taking possession of said property to renovate for the next renter and that also counts as the unit being " rented ". Its not that unusual of a situation having to extend the rental agreement for a short period because of need. Like if someone is to purchase a home and the paperwork was a little slower then thought they might need a short term extension. Also ALL home sale contracts written in Calif have a rentback agreement attatched to them so the state recognizes the need on occasion for short term rental extension.