Legal Question in Landlord & Tenant Law in California

Renting Rights

My son and his roommates have paid their landlord rent for the time period 14-March thru 14-April in the amount of $1650.00. The landlord wants them to move so her parents can move in. DSe told them they need to move out by the 1st of April. Since they have paid rent thru the 14th of April, can she make them leave before then. If so are they entitled to a refund of $825 (1/2 the rent) since they are leaving before the 14th of the month?


Asked on 4/16/09, 10:34 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Renting Rights

First, are you sure your dates are correct? If they paid for March 14-April 14, and you say he gaven them notice to move April 1, then this has all happened in the past. Your post makes it sound more like he wants them to move on May 1??

Irrespetctive of the foregoing, when did the landlord give them notice that he was terminating their tenancy? If it was on the 1st of the month, then he most likely can require them to leave even though they paid rent through the 14th of the following month. Couple of other factors - (1) are they on a month to month lease? If so, then he can terminate their lease at any time (by giving the property notice). (2) How long have they lived in the apartment? If less than 1 year, and assuming they are on a month to month lease, then he need only give them 30 days notice. If they have lived there 1 year or more, then he must give 60 days notice.

Yes, he must return the rent for the 14 days they have paid if they leave early at his request (demand). Before surrendering the property, I would get the landlord to agree in writing that he will refund the rent, otherwise they should stay through the last day they paid.

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Answered on 4/16/09, 1:02 pm


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