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Old 01-01-2010, 02:55 PM
260 posts, read 1,878,524 times
Reputation: 217


Hi All,

Our rent is month-to-month, due on the 1st of each month, in our duplex. We owe him a 30 day written notice of our intent to vacate. We are closing on a new construction townhome which should be finished mid-January, with an expected close date soon after.

My question is, if I give my 30 day notice on say January 10th (which will take us here to about February 10th) does that mean I have to pay just the 10 prorated days in February or will I have to pay for the full month of February. My opinion is only the prorated days, but I'm not sure.

I'm asking because today is the first, and I'm debating if we should give notice now... or wait until another week or so until I am absolutely sure of the closing date on our new home.

Reference here:

California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml - broken link)
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Old 01-01-2010, 03:44 PM
687 posts, read 842,101 times
Reputation: 222
I would think the ten prorated days sounds fair but just to be safe since you don't seem certain of your closing date why not pay for the entire month of February so you don't stress about it?
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Old 01-01-2010, 07:17 PM
Location: Los Angeles
4,771 posts, read 6,934,160 times
Reputation: 6379
It is up to the landlord to pro rate, or not pro rate.
Give your notice today (in writing).
If you don't give it, or pay rent on the day it is due, you can be charged a late charge.
A written notice to vacate is in leiu of rent payment, and they must be filed in a timely manner.
You can ask if the rent can be pro rated.
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Old 01-01-2010, 10:51 PM
Location: Los Angeles
95 posts, read 243,203 times
Reputation: 41
In my experience, the monthly rent has always been prorated. If I moved out on the 15th I only pay for half the month. But I think it depends on each landlord and I would ask them to make sure.
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Old 01-01-2010, 10:53 PM
Location: Columbia, California
6,662 posts, read 25,352,291 times
Reputation: 5067
When I bought my house I kept my duplex for a extra month to make moving easier.
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Old 10-28-2010, 01:29 PM
1 posts, read 13,345 times
Reputation: 10
so many people here do not know what is what.

In florida, Month to month is just that. Even if you dont have a lease. It is not up to the TENANT to change mid-stream!
rent is MONTHLY if its month to month.

IF month to month, a notice is not 30 days. Its 15 days without a lease, or on a month to month from either party unless stated differently in a written lease. ONLY a yearly is 30 days. Weekly is 7 days notice according to law.
If you live there and rent is due and you were there, its due!
like anything else.

If you deicde to take off the 3rd week without notice, you own the whole month.
Its not a weekly rental on a month to month. Unless the renter suddeny changes it weekly, Its not something one party just changes because they want to change it. It has no barrings on if your at home or on a 3 week trip. If your renting your renting, per terms agreed when you mobed in. With a 15 day monthly notice to move, at that point, it would most likely be pro-rated if you go over the due date of rent because you gave such notice. And if you clean after yourself.

I rent and have a monthy rental. (odd as that seems). I am surprised at how bold month to monthly renters can be. With rent, Others property, and the consideration of others people have. I guess that is why so many can not rent another way.

If people have open communications, respect for each other, then most problems would not be a problem!

Last edited by missci6; 10-28-2010 at 01:40 PM.. Reason: it submitted before I finished
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Old 10-28-2010, 02:18 PM
Location: El Pueblo de Nuestra Señora la Reina de los Ángeles del Río Porciúncula
13,562 posts, read 14,065,033 times
Reputation: 9673
Generally speaking month-to-month means the alternative to leasing. In month-to-month the tenant can decide to terminate by giving 30 days notice at any time, and owes rental only to the stated termination date (30 days later). A lease is for a stated period (e.g. 6 months) and the tenant is obligated to pay for the entire lease period irrespective if tenant decides to move. Leases are generally paid monthly just like month-to-month (no lease) rentals.
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Old 10-28-2010, 02:50 PM
Location: Below the fray
422 posts, read 1,564,979 times
Reputation: 327
Motifone, I hope you can tell that this is NOT the forum to find a definitive answer to your question. What you will find is a range of opinions offered by people, most of whom are positive they're right (but have nothing to lose if they're wrong).

MY opinion is to go to Nolo Press (nolo.com) and find some relevant literature written by lawyers.

Last edited by Cubancoffee; 10-28-2010 at 03:17 PM..
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Old 10-28-2010, 03:37 PM
362 posts, read 681,189 times
Reputation: 160
It's actually cut & dry... Legally it is pro-rated. There's actually an example that very specifically addresses this scenario on page 50 of this document:

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Old 11-01-2010, 09:19 PM
Location: Hartford, CT
11 posts, read 97,531 times
Reputation: 25
yes, it sound fair.
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