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On Sept 20 I gave my written 30 day notice. I subsequently moved out around October 3. My lease had expired in July. My problem is that the rental co is charging me rent till the last day of the month instead of 30 days after I gave notice, which should have been Oct 20. My question is can they charge me for the 11 days after my notice. Thanks for any help.
It depends on the date when your original lease began. If your original lease (the one that expired) began on the first of a month and ended on the last day of a month, then your month-to-month tenancy began on the first day of the month and ended on the last day of the month. So you would've had to give a notice period that ended on the last day of the month.
For example, if your old lease began on August 1, 2004 and ended on July 31, 2005, then your month-to-month tenancy began on August 1, 2005. You would have to give notice on September 1 and move out by September 30, or give notice on Oct. 1 and move out by Oct. 31.
Thank you for your response - my lease ended 9 months from October 15, 2004 which was July 15, 2005.
Since your prior lease ended on the 15th of the month, your month-to-month tenancy began on the 15th and ended on the 14th. So you should've given notice on Sept. 15 to be out by Oct. 14th. Technically the landlord can charge you for rent until Nov. 15th so maybe you shouldn't push this issue with them too much. :)
The answer you got from LisaB4657 is wrong, at least in the state of California. I know this post is old by now, but I wanted to respond with the correct information, since others may have the same question (I got here from Google asking the same question).
The short answer is that in CA, if you are on a month-to-month lease (technically a 'periodic rental agreement'), you may move out any day of the month as long as you give 30 days prior notice.
In your case, if you gave proper 30 days notice for oct 20, you should only pay through oct 20; your landlord can't force you to pay for the full month, regardless of when your lease started or when the rent is normally due.
To quote the CA Dept of Consumer Affairs 'Tenants Book':
"You must give the landlord the same amount of notice as there are days between rent payments... 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.)"
See the Consumer Affairs site for more info:
http://www.dca.ca.gov/publications/l...ving-out.shtml
This is a correct answer. Once your original lease has expired and has not been renewed, the tenant is deemed as month-to-month. The original lease is now null and void and has nothing to do with your month to month tenancy other than maybe (a big maybe as well) the date in which rent is due. At least in California it is this way. I know this from first hand experience. After becoming a month to month tenant, you are only required to give a 30 day notice and you only pay for those 30 days. You can give notice at any point in the month and still only pay for those 30 days. Unless of course you remained in the residence longer than the 30 days.Quote:
Originally Posted by sdedalus1
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