I Have 30 Days Notice to Vacate: Do I Still Have to Pay This Month's Rent?

Even if you have a month-to-month rental rather than a lease, you can't just up and move without warning your landlord. If you pay rent every week, you have to give seven days notice; if it's every month, you give 30 days. Giving notice does not let you off the hook for the rent.

Paying Rent

As long as you live in the unit, you have to pay rent. If you give notice the day you drop off your rent check and leave right as the next rental period starts, that rent check is your last. If the timing's different, you may, for example, pay on the first of the month and give notice on the 12th. That requires you to pay rent for the first 12 days of next month as well.

Moving Out

Your obligation to pay the rent isn't based on whether you're actually living there. Suppose you give notice on the June 6, so that your 30-day notice expires on July 6. If you then move out on the June 30, you still owe for the following six days. The exception is if your landlord moves a tenant in as soon as you're gone. Once the new tenant starts paying rent, you're off the hook.


Notification doesn't count unless it's in writing -- a phone call won't cut it. Delivering the notification in person is preferable, but you can mail it in. Use certified mail, with return receipt requested, so you have proof that the landlord or property manager got the notice. If you mail it, the 30-day clock starts ticking on the date the letter is postmarked. The sooner you deliver notice, the shorter the time you have to pay rent for.


If you don't pay the partial rent for next month, your landlord can simply deduct the money from your security deposit. If that's not enough to cover his losses, he can also sue you. Suing in California small claims court doesn't require a lawyer and the fees are low. He may decide it's still not worth the time and money to take you to court for a few days' worth of rent. Even so, paying for your extra days saves you having to worry about it.