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Are landlords in California required to pro-rate the last month's rent when move-out occurs before the end of the rental period?
Anonymous9 views3 answers
I own and live in a large house in Los Angeles, CA, and rent out two extra bedrooms and bathrooms on month-to-month tenancies. One of my tenants is impossible to live with, and I've decided he needs to go.
If I give him 30 days notice, but he leaves before 30 days, am I required to partially refund his last month's rent?
And does it matter that I, the landlord, am giving him notice? Like, if he decided to move out and gave me 30 days notice, but left earlier than 30 days, I'd feel justified in keeping the entire last month's rent. But since I'm giving notice, I'm not so sure.
I do have a written lease agreement, but it doesn't say anything about pro-rating rent, either for moving in or out. I did pro-rate his first month's rent because he moved in on the middle of the month.
Assuming the lease does not state the amount of notice required to be given to the tenant, you must give the tenant 30 days notice to terminate the lease. If the tenant vacates before the end of the final month of tenancy, you do not need to pro rate the rent. The tenant is responsible for the full monthly installment.
In general, you should not be obligated to prorate the rent if the tenant moves out prior to the end of the 30 days. However, if you are able to have a new tenant occupy the unit during the 30 days, you may be liable for prorating the time that the NEW tenant occupied the premises.
The first two answers here essentially covered what you need to know.
I would add that when you give 30-days notice, your tenant would still have contractual possession rights over the space, whether he chooses to exercise them or not, and would be responsible to pay for that. I would consider leaving halfway through the last month and demanding pro-rated rent akin to taking a 2-week vacation mid-lease and demanding a discount for time spent away from home.
