I have a rental agreement that states (trying to be precise here, but not so wordy):

"Lessee hereby rents from Lessor, those premises known as xxx upon a month-to-month tenancy, commening on the 21 day of xxx and terminating at 12:00 noon on the expiration date thereof, at the monthly rental amount of $$ due on the 1st of each month."

"tenancy may be terminated by either party on at least 30 days written notice to the other, prior to the expiration of a term of tenancy. In th event of the Lessee's failure to give such notice of intention to terminate, he shall be liable for another full term."

Notice to terminate month-to-month tenancy was given on 11/9 (dropped in mail box and a copy mailed certifed that same day). Keys were given to landord on 12/9 very late at night.

Landlord contends I own rent.

1. Is this a lease month-to-month (I get the impression that leases are diffferent that other rental month-to-month agreements) and does that matter?

2. I understand I owe rent until 12/9. But Landlord contends I own rent for the rest of the month 12/10-31. Do I owe rent for full month ("liable for another term").

3. Do I owe rent for until 12/19 since agreement started on the 19th?

4. Do I owe rent for 12/10 since keys were definitely turned in after 12:00 on 12/9 ?

Hello W:

Rental periods run from the 1st to the end of the month. If a tenancy starts at any other time, the rent is prorated to the first, as YOURS was.

Therefore, any notice, no matter WHEN it's dated, written, mailed, or received, becomes effective on the 1st.

Therefore, your notice became effective on the 1st of December no matter WHEN you proffered it. So, you owe all Decembers rent.

This is done so a landlord has a chance to keep his dwelling rented. It's very hard to get a tenant to start a lease in the middle of the month, so why should a landlord have to eat that income? Now, he may NOT get a tenant to move in as soon as you leave, but THAT loss is on HIM.

excon

Follow-up:
Actual dates should all be 12/21 (not 12/19 my typo)
Residence is in California

Landlord is asking for rent from 12/1 to 12/31 (which is more than my deposit)

Sounds like maybe I owe the rent - does anyone think otherwise ?