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  1. #1
    Join Date
    May 2005
    Location
    Los Angeles
    Posts
    1

    Default 30 Days Notice - Los Angeles

    I have seen similar questions posted, but I want to verify the treatmnet for rental agreements in Los Angeles, CA.

    I have been a month-to-month tenant for several years now and live in a rent controlled apartment building. My rent is due the 1st of every month.

    My lease is very vague on giving notice. I want to give my 30-day notice on June 15th, so I move out by July 15th. For the month of July - do I need to pay full rent or can I pro-rate it?

    An attorney told me that I am stuck paying a full months rent - he said I can give notice anytime the month before but have to pay a full month rent for the last month. For example, give notice June 15th to begin on July 1, so I leave the end of July.

    If this is incorrect and I can pro-rate the rent can you please give me some law to quote in my notice I send to my apartment managers? I have had a lot of troubles with my managers to date and envision them trying to get full month rent.

    Thanks so much!!!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Notice of Moving in California

    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.

  3. #3
    Join Date
    May 2005
    Posts
    3

    Default Same case in Kentucky

    Same case in KY


    I plan on moving out on June 15th, I gave my landlord 30 days written notice. She says that I owe for all of June. I signed a year lease on Sept 1, 2003. Once lease expired, it went month to month. Do I owe her for all of June?

    Thanks

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Owing Rent

    Is there a written lease? If so, what does it say with regard to notice? If not, the Attorney General's website indicates that 30 days notice is all that you must provide.

  5. #5
    Join Date
    May 2005
    Posts
    3

    Default

    Yes there is a written lease that states we need to give 30 days notice.

    Thanks
    Robin

  6. #6
    Join Date
    May 2005
    Posts
    3

    Default

    So since my year lease ended last Sept. and I went to month to month - am I breaking my lease for the month of June since I would be moving out in the middle of the month?

    Also, do I just send her part of Junes rent? Then what if she tries to keep my deposit?

    Thanks
    Robin

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Problems with Landlord

    If you need specific advice, and can't find your answers in the tenant's guide, I'm afraid I'm going to have to defer to a California lawyer.

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