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artDDP · May 21, 2012, 04:30 PM

California:

Last month I gave my old apartment manager written notice of my intent to vacate my apartment before April 30. I was on a month-to-month lease and paid in full for April.

I completed my move-out by April 28. I surrendered my keys and the manager asked if I had finished moving everything out, then asked if I'd like her to send me the remainder of my deposit. I agreed and left that afternoon.

Saturday I received in the mail a three-day notice to pay rent or quit dated May 12 and the manager is asking for full rent for the month of May.

I understand this is the initial step in the eviction process and I don't want to have to go to court or incur the potential damage to my credit report, especially for an apartment I don't live in any more. I was planning to send a letter in response detailing that I gave notice and left the property before the end of the month but want to make sure I proceed correctly and don't put myself in any jeopardy.

Your advice is greatly appreciated.

AK lawyer · May 21, 2012, 05:36 PM

Originally Posted by artDDP

... I was planning to send a letter in response detailing that I gave notice and left the property before the end of the month but want to make sure I proceed correctly and don't put myself in any jeopardy. ...

Yes. That's what I'd do. It could be that one hand doesn't know what the other is doing. If and when they sue you for May's rent, you would answer (written pleading filed in court) by saying the same thing.

I'm unclear on one point: You say that you gave your notice "last month", which would have been April. So the most notice you could have given them would have been 29 days (if you delivered the notice April 1). You do understand that you usually have to give at least a 30-day notice?

Fr_Chuck · May 21, 2012, 05:39 PM

Yes, you can't tell him on the 10th that you will be leaving on the 30th of the same month.

So if you did not give the notice on or before April first I agree normally you will still owe May's rent.

AK lawyer · May 21, 2012, 05:49 PM

Originally Posted by Fr_Chuck

... So if you did not give the notice on or before April first I agree normally you will still owe May's rent.

Actually before April 1 would be sufficient, but, as I said, on April 1 would only be 29 days.

"Thirty days hath September,
April, June, and November
..."

artDDP · May 21, 2012, 07:56 PM

Yes, I am aware that I have to pay 30 days' worth of rent from the date I turn in my notice. My issue is that I gave notice, vacated the apartment, and personally surrendered the keys to the manager before April 30 and they are now sending me a notice that is the first step to an eviction and requesting rent for May be paid in full, not prorated as required by California law.