I gave notice on Jan 4 , and had walk through on Jan 14.The place re-rented on Jan 15. Does the landlord owe me the rest of Jan?

Asked by Dbroom711, San Jose, CA Tue Jan 15, 2013

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Terri Vellios, Agent, Campbell, CA
Tue Jan 15, 2013

Above is the California Handbook. Below is an excerpt from that book.

You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)198

Have an amazing day!
Web Reference:  http://www.terrivellios.com
1 vote
Denise A. Sz…, , San Jose, CA
Tue Jan 15, 2013
Dear Dbroom711~

You gave notice on jan 4 that is a required 30 day notice to move. If the landlord re-rented it is their option to credit you for the half of month you vacated but they do not owe you that luxury. I am not clear if you vacated on the 15th.. Just because they secured another leasee does not mean you are entitled to anything. If you gave noticed and moved that was up to you, but you are responsible for that full month. You need to read your lease. If they found the new tenant a no, if you found them and made arrangements with the landlord well it would need to be in writing. If it gives you an out in your lease, if the landlord gave you that option in writing, (if the landlord re-rents the property before your 30 day notice) than yes you are due a refund. But I doubt it, I have never seen a lease like this. Also your deposit should be sent to you with in the time specified in your lease normally 2 weeks, unless you used this for the last month rent and IF there were not any damages. Read your lease and if you had any communications with the property manager stating if the property is leased out before your 30 day notice that they would credit you that time and amount, hopefully you have that in writing or email. A lot of if's but I don't really know your lease. Also you should of been very clear before you vacated what your options were in writing.

Good Luck~

Denise A. Szyszlo Realtor
DRE 01441160
Office:: (408) 369-2000 x319
Mobile: (408) 768-7097
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0 votes
Robert Kacza…, , Loveland, CO
Tue Jan 15, 2013
If you paid the full months rent and there is nothing in your lease to forfeit the balance, then you should get the balance returned. The landlord or property manager needs to account for the security deposit and any charges against the deposit and the balance of the monthly rent....The timeline for the "final accounting" varies by state, in most states it is 30 days (unless longer allowed by state law). Check with your local attorney for specific laws in your state.
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