california rent sublease
Gave 30 days notice of intent to vacate, roommate who subleases to me says I owe rent for each day the room is vacant
<p>Location: San Francisco, CA</p>

<p>Terms of my sublease: 3 months followed by month-to-month which may be terminated by either party after giving 30 days written notice.</p>

<p>I entered the month-to-month period of my lease and gave written notice on the 8th of last month, indicating my last day would be the 8th of this month. I fully plan on paying the pro-rated amount for this month ($monthly_rent * (8 days / 30 days) = $pro-rated amount). My roommate hasn't found anyone to replace me yet and is saying I'm on the hook for each day of November that the room I moved out of is vacant. When I explained that this goes against the terms of the sublease, he claimed that "it's an issue of equitability that judges freely allow." He claims he is entitled to pro-rated rent for each day of vacancy all the way to the end of November since I didn't tell him I was looking for a new place and that he needed more time to get the place cleaned up to show to prospective tenants. It is worth noting that I chipped in $60 to help him pay for a cleaning service.</p>

<p>Is he right? Is there ever a case where I'm liable for pro-rated rent beyond the 30 day notice period? Do I owe him rent for each day in November that the room is vacant beyond the 8th? Would a judge make an exception in his favor since I didn't tell him I was looking for a new place to live?</p>

<p>First of all, the amount involved is probably a few hundred dollars, maybe a thousand: if you do not pay it is <em>extremely</em> unlikely that your roommate will attempt to recover.</p>

<p>Even if they do, they will probably fail - 30 days notice is 30 days notice: unless last month was February, the 8th to the 8th is either 30 or 31 days, you have complied with the terms of the lease. If the lease had said "one named months notice" then your roommate may have a case; as it is, they don't.</p>

<blockquote>
  <p>Is he right? </p>
</blockquote>

<p>No.</p>

<blockquote>
  <p>Is there ever a case where I'm liable for pro-rated rent beyond the 30 day notice period? </p>
</blockquote>

<p>Only if it says so in the lease.</p>

<blockquote>
  <p>Do I owe him rent for each day in November that the room is vacant beyond the 8th? </p>
</blockquote>

<p>No</p>

<blockquote>
  <p>Would a judge make an exception in his favor since I didn't tell him I was looking for a new place to live?</p>
</blockquote>

<p>Judges don't make exceptions, particularly not in anybody's favour. The role of a judge is to enforce the law - not to make exceptions to it. A judge would give effect to the terms of the contract except where those terms are prohibited or against public policy.</p>
