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    aleco's Avatar
    aleco Posts: 4, Reputation: 1
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    #1

    Sep 22, 2007, 01:51 PM
    I want to move out BEFORE my 30 day notice is up.
    My landlord told he will not pro-rate for the time I am actually living hear and instead will pro-rate from the time he finds a new tenant. IS THIS LEGAL? Do I have to pay the whole 30 days even if I'm not living hear? And why is finding a new tenant my problem?

    If this is illegal, can anyone give the actual code or a link to find actual info on the matter? I do believe I am dealing with someone who is trying to take advantage of me.

    Thank you!

    California
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 22, 2007, 01:55 PM
    Yes its legal. Your obligation extends to the end of the lease term. That term ends when the lease specifies or at the end of your notice period. So, for example, if you lease expires 9/30 and you gave notice on 8/30 that you would be moving. Then you move during September, the landlord is not obligated to prorate. You owe for the month of September.
    aleco's Avatar
    aleco Posts: 4, Reputation: 1
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    #3

    Oct 10, 2007, 06:06 PM
    Quote Originally Posted by ScottGem
    Yes its legal. Your obligation extends to the end of the lease term. That term ends when the lease specifies or at the end of your notice period. So, for example, if you lease expires 9/30 and you gave notice on 8/30 that you would be moving. then you move during September, the landlord is not obligated to prorate. You owe for the month of September.

    How long does he legally have to return my money and what actions should I take if I don't receive it?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 10, 2007, 06:21 PM
    What money, your deposit? That depends on your local laws,
    aleco's Avatar
    aleco Posts: 4, Reputation: 1
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    #5

    Oct 10, 2007, 06:23 PM
    I paid first and last month plus a deposit. I stayed for 6 days total because he gave me 30 day notice right after moving in. California
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #6

    Oct 10, 2007, 06:52 PM
    Are you saying you have a lease for a year but the LL gave you a 30 day notice after 6 days? Why were you given the notice, did you do something that may violate the lease?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Oct 11, 2007, 06:01 AM
    There is a sticky at the top of this forum with links to local laws.
    aleco's Avatar
    aleco Posts: 4, Reputation: 1
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    #8

    Oct 12, 2007, 03:43 PM
    NO, it was a month to month lease, I did not violate the lease he just changed his mind. The notice was given the day after I moved in and I stayed for a total of 6 days.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #9

    Oct 14, 2007, 11:57 AM
    With a month to month lease you should have been given a 30 day notice to vacate. You should have stayed for the whole month if you paid for the month. If you left after 6 days you still owe for the month but not more. If the LL gets a new tenant in like in a week then you only owe for the 6days and the week.
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