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C.Fortunato
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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My question is regarding rental contracts and notices of termination.

Resolved Question:

My question is regarding rental contracts and notices of termination. In a rental contract, it states that 30 days notice must be given. I received notice from my tenant on Saturday, 8/6/11. It was dated 8/3/11, and the tenant wanted to terminate the contract and move out 8/31/11. If the contract requires the tenant to give the landlord 30 days notice, based on the above dates, legally, when does the 30 days start? Specifically, my question is regarding whether it starts from the date on which the notice was written or received. Additionally, it was received on a Saturday, which I am not sure if business days factor into counting the days. If the 30 days starts from 8/3, then can I charge my tenant a pro-rated rent until 9/2; and if the 30 days starts from 8/6, then can I charge my tenant until 9/5? I appreciate your assistance and expertise. Thank you.
Submitted: 5 years ago.
Category: Legal
Expert:  C.Fortunato replied 5 years ago.

Hi JACustomer,

1) What state are you in?

2) Is this a month-to-month rental agreement?

3) If so, from when to when is the rent paid (for eg. from the first to the last day of the month, from the 15th of the month to the 14th of the next month, etc.)?

Customer: replied 5 years ago.
I am in California. The rental agreement is not a month to month. The rent is paid on the 1st of each month and is considered late if received after the 5th.
Expert:  C.Fortunato replied 5 years ago.

A tenant who pays the rent monthly must give the landlord a full 30 days notice before leaving. If the tenant leaves before the 30 days, he remains liable for the rent for the entire 30 days, unless the landlord rents the unit to someone else within the remainder of the 30 days.

The 30 days starts to run on the day after the day your receive the notice (the actual day you receive the notice is not included in the 30 days) - not the date written on the notice.

Given the information you provided, your ex-tenant is responsible for the rent until September 6. It does not matter that the day you received the notice was a Saturday.

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

Expert:  C.Fortunato replied 5 years ago.
Correction: Your tenant owes the rent until September 5.
C.Fortunato and 2 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for your help. I have just one thing I want to clarify -- does renting the unit to someone else, if they start moving in after the 30 days, means that the tenant in question is liable for rent for the entire 30 days still? I appreciate your expertise.
Expert:  C.Fortunato replied 5 years ago.

Thank you for accepting my answer!

If the new tenant moves in after September 5, your ex-tenant remains responsible for the rent until September 5.

Customer: replied 5 years ago.
Thank you so much for the help!
Expert:  C.Fortunato replied 5 years ago.
You're welcome!