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Marsha411JD
Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 19771
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
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I I signed a 1 year lease renewal on 10/31/15 due to

Customer Question

I I signed a 1 year lease renewal on 10/31/15 due to pressure from my landlord as she wanted to "close out her books". At the time, I was not aware that I was going to get an opportunity to buy my own home. I turned in my 30 day notice on 11/7. She says I'm breaking the lease and I have to pay a full month's rent. For the state of California, is she right?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. If you only had a month to month lease then you can give the landlord written notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.

However, if you have a lease for a longer period (a year), then under the law, the landlord could actually pursue you for payment of all of the rental payments under the lease. In other words, she could sue for more than the balance of next months rent. The only exception there would be what I mentioned above, which is if she rerented the unit. Then you would only be liable for rental payment up to the date she started receiving rent from someone else.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 19th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.