Moving Out of Apartment - When Does The 30-Day Notice Start?
I live in Alemeda county in California. When I moved in I gave my landlord my first months rent, last months rent and security deposit. I want to give a 30 day notice on May 8th. My landlord said that I cannot give the notice until June 1st because that is when my next payment is due. Is that right or can I give a 30 day notice at any time? We have no contract. When I moved in it was understood that I would stay greater than 3 months. It has been about 22 months. If I can give it at any time, is he required to give the remaining rent for June back to me?
California Notice to End Tenancy
According to "California Tenants - A Guide to Residential Tenants' and Landlords' Rights and Responsibilities:
Quote:
Quoting California Department of Consumer Affairs
GIVING AND RECEIVING PROPER NOTICE
Tenant’s notice to end a periodic tenancy
To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move.
You must give the landlord the same amount of notice as there are days between rent payments. This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move.
To avoid later disagreements, date the notice, state the date that you intend to move, and make a copy of the notice for yourself. It’s best to deliver the notice to the landlord or property manager in person, or mail it by certified mail with return receipt requested. (You can also serve the notice by one of the methods described under “Proper Service of Notices,” pages 46-47.)
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.)
The rental agreement or lease must state the name and address of the person or entity to whom you must make rent payments (see page 14). If this address does not accept personal deliveries, you can mail your notice to the owner at the name and address stated in the lease or rental agreement. If you can show proof that you mailed the notice to the stated name and address (for example, a receipt for certified mail), the law assumes that the notice is receivable by the owner on the date of postmark.