Tenant is a holdover and his tenancy is now month to month, with the rent being due on the first. Tenant gave us notice on August 31, to vacate on October 3. We believe that since he's a monthly tenant, not a daily tenant, if he wants to stay beyond October 1st, then he owes us money for the whole month. He argues that he has given us more than the minimum 30 days notice by giving us 34 days notice, so he wants to stay at a prorated amount. What's the correct thing to do?

Legally he's a month-to-month tenant and owes you for the month of October if he stays one minute beyond the end of September.

If you are able to rent the apartment for part of the month of October you can collect twice (once from him and once from the new tenant) and you will have to repay your current tenant a portion of the rent.

Your tenant cannot simply convert the terms of the lease (monthly) to daily. Did he pay more or less if the month was 30 days or 31? Of course not. Same thing here.

It's a new month - he doesn't pay by the day. He pays by the month. He owes.

Your tenant is correct!

California Tenants - California Department of Consumer Affairs

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Originally Posted by ScottGem

Your tenant is correct!

California Tenants - California Department of Consumer Affairs

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I stand corrected - Scott is correct as far as California Law is concerned.

My apologies -

Thank you. I came to the same conclusion as ScottGem. It's not that big of a deal, except that we are eager to rent this place and, you know how it is, new tenants will want to move in on the first. I had hoped that the tenant would be cooperative, but I guess now. AND, after being difficult, he wants a nice referral!

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Originally Posted by LDawydiak

Thank you. I came to the same conclusion as ScottGem. It's not that big of a deal, except that we are eager to rent this place and, you know how it is, new tenants will want to move in on the first. I had hoped that the tenant would be cooperative, but I guess now. AND, after being difficult, he wants a nice referral!

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I don't think landlords can win in general but I find California Law to be almost beyond my grasp - amazing! Seems like the landlord is the loser in this situation - how can you rent an apartment with a starting date X number of days past the 1st.

But very good catch on Scott's part and I sure have learned something!

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Originally Posted by LDawydiak

, after being difficult, he wants a nice referral!

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Tell him his referral depends on how much you lose because you can't rent the unit starting 10/1

Just goes to show how wild CA laws can be. You can rent the unit on or after October 3rd, no need to wait until November but you'll have a hard time finding someone who is able to move midmonth.