Thirty day notice I have a month to month rental and have paid the last month…

Thirty day notice
I have a month to month rental and have paid the last month up front.What if I give my 30 day notice and stay until it is rerented and the landlord rents the room in the second week, can they keep my whole months rent since they are collecting from the new person too?

2 thoughts on “Thirty day notice I have a month to month rental and have paid the last month…

  1. Re: Thirty day notice
    Dear Inquirer:

    Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

    If you haven’t already done so, please visit my
    web site at — OR

    The site contains quite a bit of general information about California Family Law, Tenants’ Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).


    If you give 30 days notice you are entitled to stay 30 days and apply the “last month’s rent” to that period IF the money that your landlord is holding really is for the last month’s rent and not a security deposit. (Security deposits can not be unilaterally applied to the last month’s rent.) If the landlord wants you to move out early, have him/her refund the unused portion of the rent plus something extra for your inconvenience; otherwise stay put.

    Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

    E. Daniel Bors Jr.
    Attorney & Counselor At Law
    24422 Avenida De La Carlota, Suite 310
    Laguna Hills, CA 92653-3638

  2. Re: Thirty day notice
    If I understand the question, you are asking (for example) “I have prepaid for November, I gave a 30-day notice on October 31 that I would move out on November 30th, I actually moved out on November 15 and the place was re-occupied by a replacement tenant on November 16. Am I entitled to a refund for Nov. 16 through 30?”

    If this is the question, I think the answer is yes, you are entitled to a refund of 1/2 month rent, reduced by any cleaning or repair charges the landlord is entitled to assess and also reduced by re-renting costs, if any, such as advertising.

    The legal reason is that even though you were obligated to pay through 11/30, the landlord would be unable to assert a claim for damages had you not paid, due to his ‘mitigation of damages’ limitation on recovery.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

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