Do I have to pay for the half of the next months rent if I give a 30 day notice in the middle of the current month even though I’m moving in a few days?

UPDATED: Oct 1, 2022

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Do I have to pay for the half of the next months rent if I give a 30 day notice in the middle of the current month even though I’m moving in a few days?

I’m currently living in an apartment where I got a lease for 1 year and after that year it is on a month-to-month basis. The lease ended a couple months back and now I’ve decided to move out. I applied for an apartment a month ago but never gave the landlord a 30 notice since I wasn’t sure If I would be chosen for the apartment that I applied in. It turns out that I qualified so now Im moving out In 2 days. I gave my landlord the letter today and she told me that I owe an additional 20 days of next month since I am giving her the 30 day notice today

9/20. I am not prepared for that amount that she claims I owe because I used that money for the deposit of the apartment I am currently moving into. What will happen if I move now but don’t pay the 20 days of next month since I’m not gonna be living here?

Asked on September 20, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you don't pay, you landlord can sue you for the money (e.g. in small claims) and win. Month-to-month means you have to give a month's notice (at least) of moving out; since leases and rentals generally start on the 1st of the month, so that if you are there when a month starts, you owe rent for the whole month. You generally would have to give notice by or before August 31 to end your tenancy September 30th--so a month's notice--and would have paid for the last 10 days in September even though you did not need them. If you failed to provide advance notice and instead provided notice on September 18th or so, it is effective for the end of October, so she could really hold you liable for all of October's rent.

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