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Am I entitled to prorated rent and when will I get my deposit back?

Am I entitled to prorated rent and when will I get my deposit back?

Q: Does a 30-day notice have to be on the first?

No, a 30-day notice does not have to be given on the first of the month. You can provide notice at any time, but the 30-day period will start from the date you give the notice. Just ensure that you fulfill the full 30 days before moving out to avoid potential issues with your landlord.

Q: Do landlords have to prorate rent moving out?

Landlords are not legally required to prorate rent for partial months unless specified in the lease agreement. If your rental agreement includes a prorated rent clause, you may be entitled to a refund for the days you did not occupy the unit. It's best to discuss this directly with your landlord to reach an agreement.

Q: How long do you have to live somewhere to be considered a tenant?

You can be considered a tenant as soon as you have an agreement to occupy a rental property, regardless of the duration of your stay. This can be a written lease or a verbal agreement. The key factor is that you have permission from the landlord to reside in the property.

Full question:

I rent a room from an owner occupied home that is a month to month lease. I was given a 30 day notice by the owner on the 8th of January. I have found a new place to live and will be moving out by the weekend. Would I be entitled to a prorate for the rent not used for the month of January? When does the landlord have to give me back my deposit?

Category: Landlord Tenant
Subcategory: Residential Lease
Date: 04/07/2025
State: California

Answer:

Whether you can get a prorated rent amount depends on your rental agreement and negotiations with your landlord. California law does not explicitly require landlords to prorate rent for partial months unless specified in the lease.

Regarding your security deposit, California law states that a landlord must return it within twenty-one calendar days after you vacate the premises. This includes providing an itemized statement of any deductions made from the deposit (Cal. Civ. Code § 1950.5). If you have any questions about the deductions or the return of your deposit, it is advisable to discuss them directly with your landlord.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do you calculate 30 days notice?

To calculate 30 days' notice, count 30 days from the date you give your notice to your landlord. The notice period typically ends on the same day of the following month. For example, if you provide notice on January 8, your tenancy would end on February 8. It's important to ensure that your notice is delivered according to your lease terms, which may require written notice.

Do I need a lease to rent a room in my house?

You do not necessarily need a formal lease to rent a room in your house, but having a written agreement is highly recommended. A lease clarifies the terms of the rental, such as rent amount, duration, and responsibilities, which can help prevent disputes. In a month-to-month arrangement, verbal agreements may also be valid, but they can be harder to enforce.

Does a 30-day notice have to be on the first?

Do landlords have to prorate rent moving out?

How long do you have to live somewhere to be considered a tenant?

How does giving 30 days notice work?

Giving 30 days' notice means informing your landlord that you plan to vacate the property in 30 days. You should provide this notice in writing and include the date you intend to move out. The notice period allows the landlord time to find a new tenant. Make sure to check your lease for any specific requirements regarding how to give notice.