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What are the California guidelines for last-month's rent check, tenant leaves early
On move-in day, my tenant paid first and last month's rent for a month-to-month lease. March and April were all paid on the first of the month. About a week after paying May's Rent, I was notified that the tenant would soon move out sometime during the following month. In mid-May, I was notified that the move-out day would be mid June. On June 1, the tenant's “Last Month's Rent” was applied. The tenant moved out before the end of the month and asked if I would pay back the pro-rated amount for the days left in June. The tenant never gave a 30 days written notice. The contract signed by tenant & landlord clearly states that the last month was already paid for. If the tenant planned on moving in the beginning of June, the tenant would have needed to give written notice and thus not make a check for May since the last-months rent check would be applied.
A contract was signed by both the tenant/ sublessee and I, the sublessor, stating that a 30-day written notice was to be made by either party to change terms of the month-to-month agreement. Once the tenant paid for May, my understanding is that, since the “last month's rent” had already been paid, the tenant would be paid through the end of June. I thought the point of taking the last month's rent in the beginning would protect me in case the tenant chose to leave early. I was unable to find and replace with a new tenant in the short time allotted. Does the fact that the tenant stated a move-out day mid-month change this arrangement? I want to take care of this in the most proper way according to the law. Is the landlord required to pay back a pro-rated amount for the days following move-out which was already covered by the last-month's rent check? |
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There are no guidelines in Calfornia about rent but there are books full of laws. We need to clear something's up, you say month to month but also say there was a signed contract. Doesn't the contract address the last months rent? I am of the opinion that the renter, and you too for that matter, must give at least a 30 day notice to terminate. Since this was all month to month paid on the first of the month he would owe you a full months rent for the last month even if he moved out before the 31st. |
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As I recall CA law DOES allow for pro-rating. BUT, I don't think these circumstances apply. The tenant was required to give 30 days written notice. Since the tenant did not, then you did not have sufficient notice to find a replacement tenant. That means the tenant forfeited their right for pro-ration. If, however, then handed you a written notice in mid May that they would vacate in mid June, then yes, they would have been entitled to pro-ration. |
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