My lease was on month to month basis when I notified the leasing office about my move out. They told me they needed 60 days.

UPDATED: Jun 3, 2009

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My lease was on month to month basis when I notified the leasing office about my move out. They told me they needed 60 days.

When I signed the lease, the assistant manager told me 45 days. I vacated my apartment on April 30th, 2009 due to a leave out of the country. I also paid 750 dollars for early move out in case I purchased a house but never used the option. Since April 30th, I have been receieving harrasment calls from the leasing office manager threatening to destroy my credit and foul language. Since I moved out and they had more than 30 days notice, should I pay rent for month of May? What can i do about the threat and harrasment calls?

Asked on June 3, 2009 under Real Estate Law, California


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you pay your rent monthly (month-to-month), you only need to give a 30-Day Notice.

You are responsible for paying the rent for the 30 days before you move out, even if you move out before the 30 days are up. I'm not clear on what date you actually gave your notice. Here is an example: you give a 30 day notice on April 5. You are responsible for paying rent through May 5, even if you move out by May 1. There is an exception: if the landlord rents your apartment and the new tenant pays rent from May 2 (assuming you moved out May 1) through May 5. The landlord can't collect rent from you for the days the new tenant paid his/her rent (May 2-5).

I would write a letter to the leasing office and to the manager. Keep a copy for your records and mail it certified with a return receipt so you have proof that they received it. In the letter, I would explain the 30-Day Notice rule. Assuming that you have complied with the rule as well as paid up all the rent you owed, (explain that fact to them) I would inform them that they should cease harassing/threatening you or you will take any legal action that is available to you.

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