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  1. #1
    mukka is offline Junior Member
    Join Date
    Mar 2008
    Posts
    1

    First and Last Month - Proration?

    CALIFORNIA

    Hi -

    If a tenant is on a month to month rental, with rent due on the 1st of each month, where he pays the first and last month's rent initially, then, after a week, gives 30 day notice of termination, is the part of the last month's rent which falls after the 30 day period owed back to the tenant?

    That's a long and convoluted sentence, so here's an Example Timeline:

    Feb 1 - month-to-month agreement signed, first and last month's rents paid
    Feb 7 - Written 30 day notice of termination given by tenant
    Mar 1 - (second month's rent would be due here)
    Mar 7 - Termination of agreement takes effect

    As far as I understand it, the landlord has to make a reasonable effort to mitigate losses and re-rent the room promptly. If that is done, then the old tenant is entitled to the prorated rent the tenant gets for March from the new tenant. However, if no new tenant is found for March, then the original tenant is not entitled to part of his month for March back. Is this correct?

    Also, in case you were wondering, the reason he moved out after 7 days was because he found out that my friend (the 'landlord,' but who also has a room in the house) was gay, and told him - and I quote - "Dude, you should have told me. I think this violates the terms of our lease agreement."

    Anyway, now he wrote a letter asking for his prorated rent from March back, and I'd love to know if my friend doesn't have to give it to him.
  2. #2
    FarmerJ is offline Senior Member
    Join Date
    Apr 2002
    Location
    snowland
    Posts
    11,173
    Since the tenant was only renting month to month WAS there a written lease that specified they had to give a whole rental period of notice to move out ? if not & if your state allows a 30 day anytime notice , then 30 days from the move out the LL should refund un used moneys. Since last month rent was paid too then there is nothing to mitigate as far as a loss to the tenant UNLESS the LL finds a new customer to fill the space sooner. The LL is not under any obligation to re rent the unit sooner BUT if it happens then the LL should refund those days of double payment too. BTW the LL being gay doesnt mean a hill of _ _ _ _ . Whats more important is that none of you will have to put up with his drivel, the majority of folks who are homophobic are likely insecure kloset kweens who cant cope with letting them self out so they are mad and take it out on every one who is out.
  3. #3
    petersondm1 is offline Junior Member
    Join Date
    Mar 2008
    Posts
    14
    If the state law says "30" days he has to pay March rent because there are not 37 days in Feb. If you rerent the unit before Mar 31 you prorate the number of days the new resident occupied te unit only
  4. #4
    CA LL is offline Senior Member
    Join Date
    Mar 2007
    Posts
    1,098
    CA LAW SPECIFIC ANSWER:

    In CA, a 30 day notice is LITERAL days so rent is only owed to the 8th of March as long as notice was given on February 7th. Count 30 days starting with February 8th. So YES the balance must be refunded as with MTM the renter is only responsible for 30 LITERAL days from notice..not until re-rented after they vacate.

    All other answers as far as full rental periods, etc. do not apply here.

    FYI...LL's should collect only FULL first month's rent and a security deposit NOT last month's rent...way too many legal confusions over last month's rent and it limits the use severely.

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