Less than 30 day notice, can I charge for the missing days?

5 Replies

Our tenant just gave 17 days notice of move out, violating the lease requirement to give 30 days notice.  CA law states that the security notice can be used for:

  • Unpaid rent (including rent owed if the tenant does not give the landlord the proper notice that he or she is moving out).

Anyone have any experience or thoughts on doing so?

@Sarah D. Sound like you should be able to prorate the other 13 days and take it out of the deposit or you could say you didn't get 30 days notice for this month therefore this will apply to the following month. Not sure if you can get away the second option but you could threaten it if they balk at the first option.

@John Underwood   Thanks for your thoughts.  I'd only want to get the prorated 13 days rent paid.

Normally inadequate notice results in the tenant owing an additional months rent. Check your landlord tenant regulations to make sure. If this is the case he pays to the end of February. Deduct the entire amount from his deposit.

The only exception would be if you have another new tenant paying for February in which case your tenant will only owe for th eremainder of January.

Question: how is it he did not pay for the full month of January when he paid this months rent. Did you accept partial payment.

I understand your question however my priority would be to find a new tenant ASAP and then worry about potential loss of rent later.

@Thomas S.   They paid January in full, and are moving out 2/10.  So February is the prorated month.  In CA (from the reading I have been doing prior to and since posting this) we can only collect on the additional days of the 30 day notice they didn't give.  Unless, as you mentioned, we have another tenant move in during those 13 days.

@John Thedford We're on top of finding new tenants; in our market it (thankfully) hasn't been a problem.  

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