Fora month-to-month leases what happens if you leave in the middle of the month?

UPDATED: Jul 29, 2011

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Fora month-to-month leases what happens if you leave in the middle of the month?

I have a month-to-month rental agreement. If I give written notice on the 21st of the month that I am moving out on the 22nd of the following month, am I responsible to pay the rent for the entire month or just the 22 days? Rent is usually due on the 1st.

Asked on July 29, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are on a month to month oral agreement with your landlord, and you give 30 days notice to vacate to the landlord served on him or her on July 21, 2011, you vacate the unit August 22, 2011. The rent for August 2011 would be pro-rated for the number of days that month. Namely, you pay for 22 days in August 2011 if August 22, 2011 is your actual move out date.

However, if you have a written lease on a month to month basis requiring more than 30 days notice to vacate, there is a chance you need to comply with the lease's terms unless you have state law with a 30 day notice requirement.

Good luck.

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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