Am I responsible for rent for the entire month if I vacate shortly after being given a 30 day notice to vacate?

UPDATED: Oct 1, 2022

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Am I responsible for rent for the entire month if I vacate shortly after being given a 30 day notice to vacate?

I had a month-to-month lease. The landlord gave me notice to vacate one hour after I paid the rent, in cash, on the first of the month. I made arrangements to move out on the third of the month. He claims I am responsible for the entire month’s rent. I claim I am responsible for 3 days of rent since

he is the one serving the 30 day notice. Who is right? Do I have to give him 30 days notice even though he has already given me the notice?

Asked on May 2, 2019 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He is right. A month-to-month lease means what it sounds like: you rent for a month at time and therefore are obligated to pay rent for a month at a time. Notice is only effective at terminating the tenancy after a month--neither you nor he can give 3 day notice, for example, to terminate a month-to-month tenancy. Yes, you may physically move out earlier if convenient for you, but that does not eliminate your obligation to pay rent for that whole last month.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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