California Prorated Rent Laws: Complete 2025 Guide with Calculator

California Prorated Rent Laws: What You Need to Know

California is one of the few states that explicitly requires landlords to prorate rent for partial month occupancy. Under California Civil Code § 1946 and § 1950.5, tenants moving in or out mid-month are entitled to pay only for the actual days they occupy the property. This complete 2025 guide explains California's prorated rent laws, calculation methods, and your rights as either a landlord or tenant.

Use our free California prorated rent calculator to instantly calculate your exact amount owed based on your move-in or move-out dates.

Is Prorated Rent Required by Law in California?

Yes - California is unique among U.S. states in that it explicitly requires daily prorating for residential leases. Here's what the law says:

• Legal requirement: Landlords must prorate - it's not optional
• Applies to: Both move-in and move-out situations
• Notice required: Tenants must give proper 30-day notice (60 days if lived there 1+ year)
• Calculation method: Daily rate (monthly rent ÷ days in month × days occupied)

California Prorated Rent Calculation Formula

California law mandates the daily rate method for calculating prorated rent. This is the fairest and most commonly accepted approach:

Step-by-Step California Proration Process

1. Determine monthly rent: Use base rent (exclude separate utility charges)
2. Count days in month: February = 28/29, April/June/September/November = 30, all others = 31
3. Calculate daily rate: Monthly rent ÷ total days in that specific month
4. Count occupancy days: Include both move-in and move-out dates
5. Multiply: Daily rate × number of days occupied

California Prorated Rent Examples

Example 1: Moving Into Los Angeles Apartment

Scenario: Lease starts January 15th, monthly rent is $2,500

• Monthly rent: $2,500
• Days in January: 31
• Daily rate: $2,500 ÷ 31 = $80.65
• Days occupied: January 15-31 = 17 days
• Prorated rent owed: $80.65 × 17 = $1,371.05

Your first month's rent is $1,371.05, then $2,500/month after that.

Example 2: Moving Out of San Francisco Rental

Scenario: Moving out April 10th after giving 30-day notice, rent is $3,200

• Monthly rent: $3,200
• Days in April: 30
• Daily rate: $3,200 ÷ 30 = $106.67
• Days occupied: April 1-10 = 10 days
• Prorated rent owed: $106.67 × 10 = $1,066.70

You save $2,133.30 compared to paying the full month!

Example 3: San Diego Month-to-Month Tenant

Scenario: Moving in February 1st (leap year), rent is $1,800

• Monthly rent: $1,800
• Days in February: 29 (leap year)
• Daily rate: $1,800 ÷ 29 = $62.07
• Days occupied: Full month = 29 days
• Prorated rent owed: $62.07 × 29 = $1,800

Note: Full month occupancy = full rent, but daily rate varies by month length.

California Notice Requirements

To qualify for prorated rent when moving out, you must give proper written notice:

30-Day Notice Requirement

• Who: Tenants who have lived in the property less than 1 year
• Format: Written notice delivered to landlord
• Counting days: Starts the day after notice is delivered
• Proration applies: For the partial month after notice period ends

60-Day Notice Requirement

• Who: Tenants who have lived in the property 1 year or longer
• Same format rules: Written notice requirement
• California-specific: Extended notice period for long-term tenants
• Proration still applies: For the partial move-out month

California Rent Control Cities and Prorated Rent

California's major rent-controlled cities have additional proration requirements:

San Francisco Prorated Rent Rules

• Rent Ordinance requires strict proration compliance
• Daily rate method is mandatory
• Cannot charge full month for partial occupancy
• Violations can result in penalties under SF Rent Ordinance
• Reference: San Francisco Rent Ordinance § 37.3

Los Angeles Prorated Rent Requirements

• Rent Stabilization Ordinance (RSO) covers most pre-1978 buildings
• Daily proration required for RSO units
• Notice requirements must be followed strictly
• LA Housing Department enforces proration rules
• Reference: LA Municipal Code § 151.00 et seq.

San Jose Apartment Rent Ordinance

• Covers apartments built before September 7, 1979
• Daily rate proration is standard
• Cannot waive proration rights in lease
• Tenant Protection Ordinance provides additional safeguards

Oakland Rent Adjustment Program

• Covers most buildings 3+ units built before 1983
• Mandatory proration for partial months
• Disputes can be filed with Rent Board
• Strong tenant protections for proration compliance

Common California Prorated Rent Mistakes

1. Landlord Refuses to Prorate Rent

Problem: Landlord demands full month's rent despite mid-month move-out with proper notice

Your rights: California law requires proration - refusal is illegal

Solution: Document your 30/60-day notice, calculate correct amount, send written demand citing Civil Code § 1946

2. Using Wrong Number of Days in Month

Problem: Landlord uses 30 days for all months instead of actual days (28-31)

Consequence: Incorrect calculation favoring landlord

Solution: Always use actual calendar days - February 28/29, most months 30-31 days

3. Not Including Move-In/Move-Out Day

Problem: Excluding either first or last day of occupancy from calculation

Consequence: Underpayment that could cause dispute

Solution: Count both move-in and move-out dates as full days occupied

4. Forgetting Utilities Included in Rent

Problem: Prorating only base rent when utilities are included

Consequence: Underpaying your fair share

Solution: If utilities are part of rent, include them in monthly amount before prorating

5. Failing to Give Proper Written Notice

Problem: Verbal notice or notice given less than 30/60 days before moving

Consequence: May owe rent for full notice period even after moving out

Solution: Always give written notice, keep a copy, send via certified mail for proof

How to Handle California Security Deposits with Prorated Rent

California Civil Code § 1950.5 regulates security deposits and their interaction with prorated rent:

Move-Out Proration and Security Deposits

• Separate transactions: Final rent and security deposit are handled independently
• 21-day rule: Landlord must return deposit within 21 days of move-out
• Cannot substitute: Landlord cannot apply deposit to final prorated rent without agreement
• Itemized statement required: Any deductions must be documented with receipts

Move-In Proration and Deposits

• First month proration: Pay prorated amount for partial first month
• Security deposit: Usually equals 1-2 months' full rent (not prorated)
• Last month's rent: Some landlords collect this upfront (full month, not prorated)
• Timing: All due before or at lease signing

California Furnished vs. Unfurnished Proration

California allows higher security deposits for furnished units, but proration calculation remains the same:

Unit Type	Max Security Deposit	Proration Method
Unfurnished	2 months' rent	Daily rate (same as furnished)
Furnished	3 months' rent	Daily rate (same as unfurnished)

What to Do If Your California Landlord Won't Prorate

If your landlord refuses to prorate rent despite California's legal requirements:

Step 1: Send Written Demand

Write a formal letter citing California Civil Code § 1946 and § 1950.5, include your calculation showing:

• Monthly rent amount
• Days in the month
• Days you occupied the unit
• Correct prorated amount owed
• Deadline for landlord response (typically 7-10 days)

Step 2: Document Everything

• Keep copies of your lease agreement
• Save your 30/60-day notice (certified mail receipt)
• Take photos of your move-out condition
• Keep all correspondence with landlord

Step 3: File Complaint or Small Claims

• Local rent board: If in rent-controlled city, file complaint
• Small claims court: Sue for overpaid rent (up to $12,500 in California)
• Attorney consultation: For larger disputes, seek legal advice
• Tenant rights organizations: Contact local tenant unions for support

California Prorated Rent Calculator - Free Tool

Skip the manual math and use our free California prorated rent calculator to:

• Calculate exact prorated rent for any move-in or move-out date
• See your daily rate breakdown
• Get instant results for California and all 50 states
• Generate printable calculations for your records
• Verify your landlord's proration is correct

Key Takeaways: California Prorated Rent Laws

• ✓ Proration is required by law - California Civil Code § 1946 mandates daily prorating
• ✓ Daily rate method is standard - Divide monthly rent by actual days in that month
• ✓ Proper notice is essential - Give 30-day (or 60-day) written notice to qualify
• ✓ Count all occupied days - Include both move-in and move-out dates
• ✓ Rent control cities enforce strictly - SF, LA, Oakland, San Jose have additional protections
• ✓ Security deposits are separate - Cannot substitute deposit for final rent without agreement
• ✓ Document everything - Keep copies of notice, calculations, and all correspondence

Frequently Asked Questions

Is prorated rent required by law in California?

Yes, California Civil Code § 1946 requires landlords to prorate rent when tenants move in or out mid-month with proper notice. This applies to month-to-month and fixed-term leases ending mid-month.

How many days notice do I need to give in California to get prorated rent?

You must give 30 days written notice if you've lived there less than 1 year, or 60 days notice if you've been a tenant for 1 year or longer. The notice period must be complete before proration applies to your final partial month.

Can my California landlord refuse to prorate my rent?

No. California law mandates proration for partial month occupancy when proper notice is given. A landlord refusing to prorate is violating California Civil Code § 1946 and you can file a complaint with your local rent board or sue in small claims court.

What if my California lease says rent is not prorated?

Such a clause is unenforceable. California law supersedes lease provisions that contradict tenant protections. Even if your lease says no proration, you're still entitled to it under California Civil Code.

Does California use 30 days or actual days in the month for proration?

California uses the actual number of days in the specific month (28-31 days). Using a standard 30-day month for all calculations is incorrect and may shortchange tenants or landlords.

Can I use my security deposit to cover prorated rent in California?

Only with your landlord's written agreement. California Civil Code § 1950.5 treats security deposits and rent as separate. Landlords cannot automatically apply your deposit to final rent without your permission.

How do I calculate prorated rent for move-in in California?

Use the formula: (Monthly Rent ÷ Days in Month) × Days You'll Occupy. For example, moving in on the 20th of a 30-day month with $2,000 rent: ($2,000 ÷ 30) × 11 days = $733.33 prorated rent.

What happens if I move out without giving proper notice in California?

You'll owe rent for the full notice period (30 or 60 days), even if you've already vacated. For example, giving only 15 days notice means you owe rent for an additional 15 days beyond your move-out date.