On a month to month tenancy, where the tenant has been given a 30 day notice, is the rent still due?

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The tenant is month to month for a rental period of less than one year. There was no first and last deposits or security deposit. Am I entitled to collect rent for the 30 days? If they don't pay, would a 3 day notice be the next step?

Attorney Answers

3
David Piotrowski ·
A landlord is entitled to receive rent from the tenant for as long as the tenant is in possession of the property. Therefore, the tenant needs to pay rent during the 30 day period. But the landlord must NOT accept rent for a period that exceeds the 30 days or else the landlord may unknowingly enter into a new month-to-month agreement. If the tenant fails to pay the rent, then a 3 day notice to pay rent or quit would be proper.
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Robert Monroe WellsLandlord / Tenant LawyerVallejo, CA ·
Yes, you are entitled to still receive rent for the 30 days the tenancy is still in effect. Just make sure you do not accept rent beyond the 30-day notice period as you do not want to create a new month to month tenancy. If you cannot get your tenants to pay the rent for the 30-days, you could issue a 3-day notice to pay rent or quit for the rent you are entitled to collect. At that point if your tenants do not pay rent, you could file an unlawful detainer or eviction action. Best to check with local counsel in Long Beach to check to see if your 30-day notice is legally sufficient to maintain an eviction action and to make sure you are in compliance with any local rent control/just cause eviction ordinances that may apply in your area. Hope this helps!
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Richard Price ·
Yes, even though a tenant was given a 30-day notice, the tenant must still pay rent. Tomorrow is the first. If the tenant does not pay rent, then give them a 3-day notice on the second. You don't have to wait until the date that the late payment is due.
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