Legal Question in Real Estate Law in California

Re: Lease ends mid-month but rent is being charged full-month

The previous answer takes care of your first question. Whether your landlord can make you liable for a full repainting job when the only real damage is nail holes is less clear-cut. This kind of issue underlies much landlord-tenant small-claims litigation. In general, I would say your responsibility stops at the cost of spackling the holes and dabbing on the touch-up paint, but arguably this can't be done without creating objectionable color mis-match. So, it's a question of fact rather than something that can be subjected to a clear-cut legal analysis, but on the whole most small-claims judges would not allow the cost of complete re-painting under these circumstances. The court would probably take into account the number and size of the holes, how long you lived there, and the overall quality of the paint and appearance standards that are appropriate for that apartment.

Re: Lease ends mid-month but rent is being charged full-month

Your landlord is playing you for a fool and taking advantage of you. You only have to pay up to day 7. Before then, your landlord could, conceivably give you a 3 Day Notice to pay rent or quit, but you can pretty much ignore it. Make sure you get your landlord to sign a paper showing the date you handed over the keys. If your landlord does file an unlawful detainer, you will have to file an answer, but will be entitled to all your costs and attorney fees so long as you have moved out before trial (which will not be until after mid-November). You also may have a lawsuiut for malicious prosecution if your landlord proceeds this way. All of this, of course, is presuming you gave your landlord at least 30 days notice of your intent to move out. If you did not and your lease says it becomes month to month after the end of lease term, then you will have to move out within the 3 days of the 3 day notice in order to avoid any liability.