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Gave 30 day notice on month to month agreement

Discussion in 'Rental Agreements & Subleases' started by Gary Zhang, Sep 27, 2019.

  1. Gary Zhang

    Gary Zhang Law Topic Starter New Member

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    Jurisdiction:
    California
    I am on a month to month agreement and gave 30 day notice on 9/10. My rent is due starting the 25th of each month. After I gave notice my landlord said that I had to pay the full rent on 9/25 and the lease will end on 10/25. Should I get refunded the days from 10/11 to 10/25 if I moved out and am no longer living in the unit, even if another tenant is not found? Since that would have been after 30 days of giving notice. There was nothing on the rental agreement saying I had to give 30 day notice before rent was due or I would be responsible for the full rent next month, it only said that it can be terminated with 30 day notice.
     
    Last edited: Sep 27, 2019
  2. Zigner

    Zigner Well-Known Member

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    Yes, California allows for this sort of proration.
     
  3. zddoodah

    zddoodah Well-Known Member

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    It's an irrelevant question. If you gave notice on 9/10, your obligation to pay rent ceases on 10/10 (assuming you've vacated and relinquished possession of the premises by that date), and there is absolutely no reason to pay rent through 10/25.
     
    Last edited: Sep 27, 2019
  4. Gary Zhang

    Gary Zhang Law Topic Starter New Member

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  5. Gary Zhang

    Gary Zhang Law Topic Starter New Member

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    I wanted to follow up in reply to this post. So you are saying there was no need to prepay the rent in full on the 25th? I only did so per the landlord's request and because I would not be moving out until after the rent was due. I did so with the expectation that the landlord will refund me the days I paid for after the 30 days. However, if I did have to go to small claims court, I should still be eligible to obtain that refund even if I already paid in full is that correct?
     
    Last edited: Sep 29, 2019
  6. army judge

    army judge Super Moderator

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    I think the operative THOUGHT here is: IF you sue in small claims and prove you paid the LL the money, you must then argue why you don't owe the money, and that you paid under duress.

    If you argue correctly, the court will order that the LL repay you.

    That doesn't mean the court will order the person to write you a check, or pay you in
    cash.

    If that's what you want, you need to get on "Judge Judy", "The People's Court", "Judge Mathis", "Judge Jerry", etc...

    Those shows, among others, pay your airfare to the city where the show is filmed, hotel expenses, airport transportation, meal money, a clothing allowance, pocket money, plus an appearance fee for being on TV.

    You get that via check, and you get YOUR MONEY, win or lose!

    Now, a court judgment means the heavy lifting, collecting the judgment is on YOU!
    You will then have to endeavor to collect on the judgment.

    Here's how that's done:

    Tips for Collecting Your Judgment - small_claims_selfhelp

    Collect Your Judgment - small_claims_selfhelp

    Collecting Your Small Claims Judgment

    How to Collect A Judgment in California | A People's Choice

    How to Collect on a Judgment in a California Civil Matter - My Website

    Last, but not least, over 95% of judgment holders never collect one "George Washington", as in one US dollar of the amount awarded.

    Suing is easier than collecting.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    I'm not saying that and I have to disagree with the other responses.

    http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.1.

    If your rent is due Sept 25 your termination date is Oct 25 and you give your written notice on or before Sept 25. You owe for the full rental period even if you move out early. I don't see you entitled to a refund and don't see you winning in small claims court.
     
  8. Gary Zhang

    Gary Zhang Law Topic Starter New Member

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    I would say that my reason for paying the full rent was that they might retaliate in some way if I didn't, and that I expected it was the landlord will refund me the days after the notice expires and figure out how much I needed to get back.
     
  9. Gary Zhang

    Gary Zhang Law Topic Starter New Member

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    What about this part?

    "as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days' written notice thereof at any time and the rent shall be due and payable to and including the date of termination."

    Law section
     
  10. Zigner

    Zigner Well-Known Member

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    That's not how it works in CA (the OP has posted the applicable law). Proration is the name of the game here.
     
    army judge likes this.
  11. zddoodah

    zddoodah Well-Known Member

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    I wrote that "your obligation to pay rent ceases on 10/10 (assuming you've vacated and relinquished possession of the premises by that date), and there is absolutely no reason to pay rent through 10/25." If you're rent is due on the 25th, then, on 9/25, you should have paid half the monthly rent. You started this thread on 9/27 but didn't tell us what you already had done. If, in fact, you paid the full month's rent on 9/25, then what's done is done, but you should make sure you get that half month's rent returned.

    That's wrong and is not at all supported by Civil Code 1946.1 (or any other relevant law). Section 1946.1 deals with the notice and says nothing at all about the obligation to pay rent.

    Not only is there no law that supports what you wrote, I can assure you from personal experience that's not how it works. Every move-out notice I have given has stated something like the following: "I'll be moving out on the 10th. Accordingly, on the 1st, I'll be paying $X, which is the prorated rent for 10 days."
     
  12. Gary Zhang

    Gary Zhang Law Topic Starter New Member

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    Thank you. Assuming I need to go to small claims court to get the money refunded, could the fact that I paid rent for the days after the 30 day notice expires be used against me? The landlord is also willing to go to court.

    They could ask why I paid the rent in full and not the prorated amount, what shoud I say?

    These are the the reasons I paid full rent. Initially I thought the the 30 day notice starts as soon as I give notice. But the landlord requested I pay the full month next month, so I thought the landlord was correct regarding the 30 day notice, but after reading the law I should have paid the prorated rent and now expect to be refunded.

    I also should mention that I live with the landlord and did not want to cause trouble while I lived there.




     
    Last edited: Sep 30, 2019
  13. Red Kayak

    Red Kayak Active Member

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    That should be sufficient.

    If you've given proper notice and are out, why should he get to benefit from you overpaying?

    However, you should only have to state that
    1) You gave proper notice that you were terminating your lease mm/dd/yr,
    2) You completely vacated the property mm/dd/yy,
    3) You paid a months rent on Sept 25th,
    4) You want the prorated extra $ back.

    His only excuse for not reimbursing you is if you didn't give him proper notice, and/or you didn't vacate the premises by the date you promised.

    P.S. Take plenty of photos of the place before leaving, lest he come after you for "damages" in excess of normal wear and tear.
     
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  14. Gary Zhang

    Gary Zhang Law Topic Starter New Member

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    I did give notice in writing on 9/10. I stated in that writing that "I give you my 30 days move out notice today" Is that not enough? Did I specifically need to say which day and year?

     
  15. zddoodah

    zddoodah Well-Known Member

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    If you were to be asked that question, you should answer it honestly. You've explained in this thread why you did it, and your explanations are perfectly reasonable from someone who didn't understand the ins and outs of the law.

    As quoted, what you did is sufficient, but it's better to be specific -- e.g., "I will be fully vacated and will turn over the keys to you not later than 11:59:59 p.m. on mm/dd/yyyy."
     
    Red Kayak likes this.

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