Tenant moving out before end of 30 days in California

I gave my tenant a 30 days notice on 1/8/07 which means she would have to move out by 2/7/07. I stated in the notice that rent for 2/1/07-2/7/07 would be $150 for the week. If she moves out by the end of January is she obligated to pay me for the one week February as she would if she had given the notice? I'm just curious what the legal obligations are on her part. Thanks!

No because you requested she leave

Based on what authority?

The tenancy ends at the conclusion of the notice period.

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Quoting Mr. Knowitall

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Based on what authority?

The tenancy ends at the conclusion of the notice period.

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I'm sorry I don't understand your question about authority. And are you saying that she IS obligated to pay since the tenancy ends at the conclusion of the notice period even if she leaves before then?

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Quoting dawn049

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I'm sorry I don't understand your question about authority. And are you saying that she IS obligated to pay since the tenancy ends at the conclusion of the notice period even if she leaves before then?

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She has to pay for the whole thirty days. (Please note the exemption.)

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The length of time between rent payments is important. In most cases, the amount of advance notice that the landlord gives you when notifying you of changes in the terms of the tenancy must be the same as the length of time between rent payments. For example, if you have a month-tomonth rental agreement, the landlord usually must give you 30 days’ advance written notice of changes such as an increase in the charge for parking or an increase in the security deposit.

In addition, the amount of advance written notice that you give the landlord before you move out of the rental unit must be the same as the length of time between rent payments. For example, in a month-to-month rental agreement, you must give the landlord at least 30 days’ advance written notice in order to end the rental agreement (see page 47–48). If you have a week-to-week rental agreement, you must give the landlord at least seven days’ advance written notice in order to end the rental agreement.

You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)

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Information found at California Landlord and Tenants Guide.

My question was posed to panther10758.

Having reread orignal post it appears I misread it my apologise

Also, Happy, the link that you quoted is if the TENANT is leaving by his/her own will, not if the landlord is telling the tenant to leave.

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Quoting moburkes

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Also, Happy, the link that you quoted is if the TENANT is leaving by his/her own will, not if the landlord is telling the tenant to leave.

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That shouldn't matter, they both are legally required to give at least a 30 day notice.

The tenant doesn't get a break because the LL gave the 30 day notice instead of her.

The tenant had planned on being there 2/1/07-2/7/07 already (since she didn't give notice.)

If nobody had given notice, everday that went by - the tenant would have been responsible for the next 30 days rent.

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Quoting Happy Trails

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That shouldn't matter, they both are legally required to give at least a 30 day notice.

The tenant doesn't get a break because the LL gave the 30 day notice instead of her.

The tenant had planned on being there 2/1/07-2/7/07 already (since she didn't give notice.)

If nobody had given notice, everday that went by - the tenant would have been responsible for the next 30 days rent.

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I didn't agree or disagree with what you said. I simply pointed out that the information that you bolded didn't apply to the specific situation that was described. That's all.