HELP - LL gave 30 notice (lease, tenant, rental, deposit)

[AskedtoGO]

background info: month to month rental agreement and in California

I paid full rent on July 1st and then my landlord gave me a 30 day notice to leave on July 22nd. On August 1st do I have to pay the full rent or just pay for the 22 days I will be there?

Doesn't my landlord have to wait til the next "billing cycle", ie August 1st to give a 30 day notice to leave.

[LongtimeBravesFan]

Unless your lease specifies he has to give the notice on the first. he can do it at any time, just as you can if you wanted to leave.

If he is giving you the boot on the 22nd, I'd write him a check for 22/31st of whatever your monthly rent is on the 1st.

[Lacerta]

If you lived in one of my rentals, notice given on the 22nd would be through August 31st, but like LongtimeBravesFan said, it depends on your lease. If your lease just says 30 days notice, and if California law doesn't say otherwise, then your lease is up on the 22nd, and you would pay 22/31sts of rent. If you paid last month's rent up front when you moved in, then you don't pay anything on the first and the LL owes you 9 days of rent back with your deposit.

[LongtimeBravesFan]

Why is he asking you to leave? Has he said exactly what day he wants you out?

[Ultrarunner]

California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml - broken link)

Landlord's notice to end a periodic tenancy

A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. Your landlord must give you 60 days advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more.201 However, the landlord must give you 30 days advance written notice in either of the following situations:

Any tenant or resident has lived in the rental unit less than one year;202 or
The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends. In addition, all of the following must be true in order for the selling landlord to give you a 30-day notice
The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
The landlord must have given you the 30-day notice no later than 120 days after opening the escrow, and
The landlord must not previously have given you a 30-day or 60-day notice, and
The rental unit must be one that can be sold separately from any other dwelling unit. (For example, a house or a condominium can be sold separately from another dwelling unit.) 203
The landlord usually isn't required to state a reason for ending the tenancy in the 30-day or 60-day notice (see "Thirty-Day or Sixty-Day Notice"). The landlord can serve the 30-day or 60-day notice by certified mail or by one of the methods described under "Proper Service of Notices".204

Note: In the circumstances described in the Three Day Notice section, the landlord can give the tenant just three days' advance written notice.

If you receive a 30-day or 60-day notice, you must leave the rental unit by the end of the 30th or 60th day after the date on which the landlord served the notice (see page 68). For example, if the landlord served a 60-day notice on July 16, you would begin counting the 60 days on July 17, and the 60-day period would end on September 14. If September 14 falls on a weekday, you would have to leave on or before that date. However, if the end of the 60-day period falls on a Saturday, you would not have to leave until the following Monday, because Saturdays and Sundays are legal holidays. Other legal holidays also extend the notice period.205

[IMOGAJAD]

I am a LL in Alaska. It's easy to figure out a daily rental based on monthly rent. If you want to stay till the end of the month, figure out what your daily rent is and make the LL an offer to stay till the end of the month (paid in advance). If he/she's adamant about you leaving on the 22nd, you should not owe a full month's rent - unless your lease says so. You would owe 22 days rent. If funds are tight, try the "daily rental" method: Your Monthly Rent divided by the number of days in the month. Your LL probably is not obligated to concur with your offer - but as a LL, I would.

LACERTA probably said it better...