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I moved to Silicon Valley last year from the Midwest where rents are pretty high. I found a place (studio) for around $1100 in East San Jose because it only required low deposit and month-to-month agreement. But I later I understood why rent was "cheap" only on month to month lease. The neighborhood I lived in was crappy, involving gangs, SWAT, poverty on street, etc. This year my landlord jacked up prices to $1200 and it was time to leave.
I found a new place in nicer area (Sunnyvale) but I had to find a place that only had room for rent from somebody renting 2 bed apartment to match closely rent I paid. I found it on Craiglist. Like most listings for Silicon Valley, most ads only pop after roomate moves out and they are looking only for someone who moves in quickly, like in 1 week. Of course you still have to pay rent for next 30 days from giving notice.
I figured out, well no problem. Even if I end up full 3 extra weeks, its better to owe this extra money and move to a nicer place that has my rate locked till end of this year than pay that extra in monthly rent increase I would incur if i stayed there till the end of this year.
I hoped also that if I moved early, my apartment would get re-rented to next tenant quite soon before my 30 day notice and would a significant chuck of my pro-rated rent back. Unfortunately subleasing was not allowed. My landlord confirmed it.
My landlord got back to me and told me she found someone for 5/1 and asked me to move out by 4 days earlier for which these days I would get my rent prorated despite. It sounded pretty slow especially since I told her I would be moving out after 1st week. When I looked for a place in Mountain View, the prospective landlord asked me to move in no later than in next 2 weeks and the place I saw was still occupied.
The fact that the next person moves not sooner than 5/1 seems suspicious:
1. She did not have a first customer interested in moving sooner (which seems unlikely given its month to month, "low-rent" and close to downtown San Jose, area was bad but not unsafe)
2. As soon as I gave her notice, she started advertising it with expected vacancy not till next month without letting me know so I could remind her my place would become vacant much sooner.
She gave me a "deal", but 4 days is not much to mitigate rent overlap. Whats interesting I also found my place for rent on ad on Craigslist that got posted on the day I gave notice. My landlord re-listed my place for $1300. Obviously it seems fishy but despite being a good tenant who paid rent on time and stayed 15 months, I have a feeling this landlord (slumlord?) did nothing to help me save my money but take advantage of me and next tenant. I was also pissed of when I found out my next door neighbor moved to same studio apartment year later for $100 per month than me. Thats almost $300 in price variation.
I can't really make head or tail of your post nor exactly what you're asking but one thing jumps out. You say, "I hoped also that if I moved early, my apartment would get re-rented to next tenant quite soon before my 30 day notice and would a significant chuck of my pro-rated rent back." It doesn't work like that. You give 30 days notice and you pay for that period whether or not you move out before the 30th day. There is no expectation of pro-rated rent just because you decide to move out early. Nor is your landlord under any legal obligation to re-rent the unit you're vacating for the same price which you were paying.
OP - I have no idea what you're asking either, but I will tell you this little story...
The last time I moved I started looking early, because I had found the year before that the real time my lease was up was a bad time to find anything. I found my dream place, but had to move in two months before my existing lease was up.
So, what I did was email my landlord and gave my notice. I was very explicit that I was not intending to break my lease and would pay through 10/1, but if they found someone who wanted to move in earlier than my lease ended, I could leave as early as 8/1.
Literally 3 days later she called me and said they had someone who wanted to move in, they were insisting on a ground floor, and mine was the only one coming open and would I still be interested in leaving early. Boom. It was that easy.
So, shady and suspicious? No.
As for the rent increase, landlords can charge whatever the market dictates. It's really that easy.
I can't really make head or tail of your post nor exactly what you're asking but one thing jumps out. You say, "I hoped also that if I moved early, my apartment would get re-rented to next tenant quite soon before my 30 day notice and would a significant chuck of my pro-rated rent back." It doesn't work like that. You give 30 days notice and you pay for that period whether or not you move out before the 30th day. There is no expectation of pro-rated rent just because you decide to move out early. Nor is your landlord under any legal obligation to re-rent the unit you're vacating for the same price which you were paying.
I CLEARLY stated in my post that my landlord told me she would return pro-rated rent I paid for last month if someone moved early before my 30 day notice from the date that person moves in. Why would that not work? She gets rent money for last month either way.
She only found someone for 5/1 though, not sure why so late since I told her I would start moving out on 4/5 but she sent me email and asked if I could move out by 4/26 and would pay back those last days.
I CLEARLY stated in my post that my landlord told me she would return pro-rated rent I paid for last month if someone moved early before my 30 day notice from the date that person moves in. Why would that not work? She gets rent money for last month either way.
She only found someone for 5/1 though, not sure why so late since I told her I would start moving out on 4/5 but she sent me email and asked if I could move out by 4/26 and would pay back those last days.
Actually, nothing you stated was very clear or concise and not in any particular order.
Your post is very hard to follow and it is not clear at all whether you are asking a specific question or not.
If you understand your post that is great but it appears no one else can understand it.
I CLEARLY stated in my post that my landlord told me she would return pro-rated rent I paid for last month if someone moved early before my 30 day notice from the date that person moves in. Why would that not work? She gets rent money for last month either way.
She only found someone for 5/1 though, not sure why so late since I told her I would start moving out on 4/5 but she sent me email and asked if I could move out by 4/26 and would pay back those last days.
Maybe I wasn't clear. You are right. Yet we have here "experts" who do not know laws but pretend to know about them. First post stated, how I dared to expect someone to find my place and move in before my 30 day notice would expire so I would get a partial rent back from whatever date next tenant moves in.
Those "experts" probably also would tell that once you give 30 day notice, you cannot rescind. Well technically you can as long as you landlord did not have a next tenant sign a lease yet but all the power and discretion is up to landlords.
Perhaps I should have posted this threat in San Jose or San Francisco Bay Area forum where people have better understanding of tight rental markets and how they work.
Since a lot of people may not understand my original post I simplified it:
I found a new place (room for rent in 2 bedroom apartment) in a nice area (Sunnyvale) at nearly old rent I used to pay for my old place before my landlord jacked up rate for next month. I found it on Craiglist. Like most listings for Silicon Valley, most ads only pop up shortly when/ after roommate moves out and they are looking only for someone who moves in quickly, like in 1 week. Of course you still have to pay rent for next 30 days at your old place from giving 30 day notice.
I figured out, well no problem because I figured staying at my old place after rent increase would cost me almost as much as moving to a new place now and paying first partial 3 week rent for new place and full rent at old place for last month. This is how it worked out for my situation.
I hoped if I moved early, my apartment would get re-rented to next tenant quite soon in 1 week or 2 since demand for my old place was high (month-to-month tenancy low rate).
My landlord got back to me and told me she found someone for 5/1 and asked me to move out by 4 days earlier for which these days I would get my rent prorated despite. It sounded pretty slow especially since I told her I was gonna move after 1st week. For comparison, when I looked for a place in Mountain View 1 day after ad posted on Craiglist, the prospective landlord asked me to move in no later than in next 2 weeks and the place I saw was still occupied.
I can't really make head or tail of your post nor exactly what you're asking but one thing jumps out. You say, "I hoped also that if I moved early, my apartment would get re-rented to next tenant quite soon before my 30 day notice and would a significant chuck of my pro-rated rent back." It doesn't work like that. You give 30 days notice and you pay for that period whether or not you move out before the 30th day. There is no expectation of pro-rated rent just because you decide to move out early. Nor is your landlord under any legal obligation to re-rent the unit you're vacating for the same price which you were paying.
I think this is what the OP is inquiring about, whether it's the 'norm' for people to receive pro rated amount from the 30 day payment they gave, if they leave earlier than 30 days.
I don't think it is, unless it's specifically mentioned by the landlord.
But in the OP's case, since it was the landlord that wanted the OP to move out earlier than 30 days, then doesn't the landlord have some obligation to pay back a certain amount? What if the new place isn't ready yet? Again, it's one thing if you yourself decide to move out early, then in that case I'd not expect or want anything back since it's my own decision. However, if it's the landlord, then surely it must work somewhat differently?
And in regards to 30 day notice, it's just like a job 2 week notice. I wouldn't give any notice unless something is concrete in writing.
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since I told her I would start moving out on 4/5 but she sent me email and asked if I could move out by 4/26 and would pay back those last days.
