Legal Question in Landlord & Tenant Law in California

I signed a lease to rent a room in a house in Playa del Rey. Hand written into the lease, which i signed, is a clause.

My lease is 6 months, which comes due 9/30, and then goes month to month.

the Clause says that the landlord or tenant, may cancel the month-to-month, with 30 days notice, ON the FIRST. so if i want to cancel the month to month at any other point, i still have to pay the full month rent.

i gave her notice on 9/13. Do I have to, by law, pay her the full OCT rent, or can i just pay until the 13th of October?


Asked on 9/14/10, 12:29 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You have committted to 6 months of renting, with the ability to renew month to month on the first of the month. If you have to wait to 10/1 to renew or not, you are committed to 7 months and not 6 months. So while ilt is not perfectly clear, I think the more logical viewpoint is tha any time after 9/1 you can give 30 days notice. So you owe rent to and including 10/13. immediately send the landlord a note explaining yuor position and inviting any contrary response, stating theat if you do not receive one by five calendar days you will assume they agree with your position and you will rely upon that in planning when you wil lmove to a different rental unit.

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Answered on 9/19/10, 1:24 pm


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