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Need help on 30-day notice etc

 
 
Reply Mon 13 Sep, 2004 10:28 pm
I live in CA and gave 30 day notice on 9/7/04. My rent is paid now until 10/1/04 but the 30 days will be up on the 7th of Oct. The manager of my apartment building left me a note that I am responsible for paying the whole rent of October even though I will be leaving before the 1st and the 30 days is up on the 7th. Is this legal? Shouldn't I just be held responsible for the 1st through the 7th. I paid a large deposit and it would cover the rent, but it says on the paperwork that the deposit can not be used for the last months rent. The 6 month lease that I signed expired in December of 2003 and I have not signed another. Can I really be expected to pay the entire month of October rent when I will be giving the keys back before Oct. 1?
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Type: Discussion • Score: 2 • Views: 1,453 • Replies: 11
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Montana
 
  1  
Reply Tue 14 Sep, 2004 05:56 am
Do you pay your rent weekly, bi-weekly, or monthly? If you pay your rent monthly and it covers from a certain date to a certain date, you are obligated to honor those dates. I know it doesn't seem fair, but that's the way it is. Even if you gave your 30 days, if it falls past the date your rent is due, you are responsible for the entire month.
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joefromchicago
 
  1  
Reply Tue 14 Sep, 2004 08:44 am
Montana's right: You gave sufficient notice if your lease is up on 10/7, you gave insufficient notice if your lease is up on 10/1. if your lease goes from the first to the first, then you are responsible for paying rent for October. On the other hand, if your lease goes from the seventh to the seventh, then there's no reason why you should have to pay for another month.

I don't understand this notion of "paying through to 10/1" but having the lease expire on 10/7. If it's simply a matter of bookkeeping (did you pay a part-month's rent for the first month that you were there?) then that has no bearing on your right to vacate at the end of the lease. Just tell your landlord to calculate the amount of the part-month rent due for the first week of October.
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Montana
 
  1  
Reply Tue 14 Sep, 2004 09:13 am
If your rent is due the 1st of every month, you would have been ok if you gave your notice on the 1st of the month, but you're a week late with your notice and there's no way out of it unless your landlord would agree to accept a weeks rent and let you off on the rest of the month. As a previous landlady, I would have let you do that, but most people won't.
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Noddy24
 
  1  
Reply Tue 14 Sep, 2004 10:00 am
Have you asked the landlord for his interpretation of the rules?

Perhaps if he can rent the dwelling between the 7th and the 31st, you'd be partly off the hook.
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Montana
 
  1  
Reply Tue 14 Sep, 2004 10:08 am
Very true Noddy. Legally, your land lord can't rent out the place if you pay him for the entire month, but if he finds someone to rent it during that time, you would be off the hook. There are also situations where the landlord will allow you to find another tenant willing to take your place, but this is something you'll have to talk to them about. Since there is a manager involved as a middle person, it may be difficult if you can't deal directly with the owner of the building.
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joefromchicago
 
  1  
Reply Tue 14 Sep, 2004 07:41 pm
Montana wrote:
If your rent is due the 1st of every month, you would have been ok if you gave your notice on the 1st of the month, but you're a week late with your notice and there's no way out of it unless your landlord would agree to accept a weeks rent and let you off on the rest of the month. As a previous landlady, I would have let you do that, but most people won't.

The notice period isn't based on the rent-due date, it's based on counting backwards one month from the end of the lease. If the lease ends on 10/7, then it doesn't matter when the rent is due: the deadline for notification is 9/7, not 9/1.

[Having said that, I need to qualify my remarks by adding that I'm assuming that California law is the same as everywhere else regarding these types of notifications, and also that there is nothing in the lease itself that sets up a different notification requirement]
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Montana
 
  1  
Reply Wed 15 Sep, 2004 03:36 am
Joe
I understand what you're saying about the lease, but he/she didn't mention anything about having a lease, so I assume they are renting on a month to month basis.
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joefromchicago
 
  1  
Reply Wed 15 Sep, 2004 08:07 am
Montana: Even if she's renting on a month-to-month basis, she has a lease (in California, it's my understanding that a tenant typically signs an initial lease and then just renews on a monthly basis). If she just decided that she wanted to leave on 10/7, but her lease ran from 9/1 to 10/1, then she's outta' luck.
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Montana
 
  1  
Reply Wed 15 Sep, 2004 08:32 am
That's what I was saying Joe.
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Death Row
 
  1  
Reply Sat 9 Oct, 2004 08:56 pm
Don't let that Land lord use you like that. you did the right thing. Sorry i am late on this.
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Montana
 
  1  
Reply Sun 10 Oct, 2004 01:28 am
Death Row wrote:
Don't let that Land lord use you like that. you did the right thing. Sorry i am late on this.


The landlord is not using them. The law is there to protect both the landlord and the tenant.
0 Replies
 
 

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