[michajojo]

Terms of tenancy: The term of this agreements shall commence on XXX(Month date), and shall continue from that date on a month-to-month basis. Tenants may terminate the tenancy by giving the other 30 days written notice of an indication to terminate the premises. In the event such notice is given, Tenants agree to pay all rent up to and including the notice period. Should tenants vacate before the expiration of the term, tenants shall be liable for the balance of the rent for the remainder of the term, less any rent Landlord collects or could have collected from a replacement tenant by reasonably attempting to re-rent. Tenants who vacate before expiration of the term are also responsible for landlord's costs of advertising for a replacement tenant.

This is our agreement. Our lease was expired and became month-to month. The owner wants to sell this unit because of her financial problem and she gave us 60 day notice right after I paid rent fee( I pay rent on the first day of month).Even though we gave 30 days notice on that day, it does not fit 30 day count before the 1st day of April. We gave her 30 day notice to vacate and decide to move in the middle of next month(like 15th April). We we paid pro-rated rent fee + security deposit+ the last month rent fee when we moved in. She refuse to give us pro-rated rent fee for the last month rent. Can she take the last rent without giving us pro-rated rent fee? We live in CA.

[JudyKayTee]

You have to give notice in the same frame within which you pay rent - for example, if you pay rent on the 1st and want to move the 1st of June you have to give notice prior to the 1st of May. It's not a 30 day count; it's the same time frame as you pay rent.

I see no requirement for her to prorate your rent. You rent month-to-month and that is the term of your tenancy. You can't change that a half-month tenancy.

She must give you the same notice - it's technically not 60 days. It's technically 2 months. If she wants you out, for example, June 1st, she MUST give you notice before April 1st.

BUT if she wants you out so she can sell she MAY be willing to negotiate.

[joypulv]

OP is in CA, has rented this place for more than a year so landlord has to give 60 days notice, and according to CA Consumer Affairs publication, he can give his 30 day notice anytime and is entitled to prorated parts of a month.

Unfortunately, since this was already paid, you are going to have to sue for it, unless showing the link in your first post doesn't help.
Tell her that you will be suing for triple damages (even though you won't get them; you'll get the rent and court filing fee).

[JudyKayTee]

Joy, I can't find this in California law. Would you please post a citation?

I find this - "At the conclusion of a fixed term lease, if the tenant remains in possession and continues to pay rent, the tenancy is presumed to be renewed on a month to month basis, with all the terms of the original lease intact {Civil Code Sec. 1945}. Otherwise, the landlord is entitled to possession at the conclusion of the term and may bring eviction proceedings if the tenant fails to move out {Civil Code of Procedure Sec. 1161}."

It's my understanding that there was a 30-day notice requirement under the lease; therefore, there's a 30 day notice requirement under the month to month - ?

I find nothing about changing the terms from the 1st until the end of the month to from the 1st to the 14th and I find nothing about prorated rent.

We are obviously looking in different places.