30-day notice required even if no copy of lease?

[brooksbp]

What is the name of your state (only U.S. law)? California

Two weeks before my lease ends, I called to request some sort of a pro-rated bill for next month's rent. The agent asked if I had submitted a 30-day notice. I was not informed that a 30-day notice was required. The agent claims that I am now "rent responsible" for 12 days past my lease end date. Is there any way I can dispute this because I have never received a copy of my lease?

The lease was a short-term 3 month lease. I've payed rent on time. I found out that it is required by CA law for landlords to provide a copy of the lease. I also found out that it is required by CA law for tenants to give 30-day notice (not sure if this applies to 3-month leases though). Will these cancel out in a small claims court?

Thanks for your feedback.

EDIT: I also have been reading that if your landlord fails to furnish a copy of the lease, your lease defaults to a month-to-month lease. Is this grounds for not paying the extra 12 days?

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

Two weeks before my lease ends, I called to request some sort of a pro-rated bill for next month's rent. The agent asked if I had submitted a 30-day notice. I was not informed that a 30-day notice was required. The agent claims that I am now "rent responsible" for 12 days past my lease end date. Is there any way I can dispute this because I have never received a copy of my lease?

The lease was a short-term 3 month lease. I've payed rent on time. I found out that it is required by CA law for landlords to provide a copy of the lease. I also found out that it is required by CA law for tenants to give 30-day notice (not sure if this applies to 3-month leases though). Will these cancel out in a small claims court?

Thanks for your feedback.

EDIT: I also have been reading that if your landlord fails to furnish a copy of the lease, your lease defaults to a month-to-month lease. Is this grounds for not paying the extra 12 days?

California law requires at least as much notice as days between rental periods. If you pay once per month, then 30 days is the statuatory notice requirement. If you didn't give notice in time, you are liable for that many days into the next rental period to cover the remainder of the 30 days.

This applies whether you have a fixed-term lease or M2M tenancy. The fact that the LL didn't provide you with a copy of your signed lease (you DID sign a lease, right?) does not relieve you of this obligation. And it doesn't convert you to a M2M tenancy either.

Sorry, but if you plan to stay thru to the end of the 30 day notice period, you're fully responsible for those 12 days.

 

[brooksbp]

California law requires at least as much notice as days between rental periods. If you pay once per month, then 30 days is the statuatory notice requirement. If you didn't give notice in time, you are liable for that many days into the next rental period to cover the remainder of the 30 days.

This applies whether you have a fixed-term lease or M2M tenancy. The fact that the LL didn't provide you with a copy of your signed lease (you DID sign a lease, right?) does not relieve you of this obligation. And it doesn't convert you to a M2M tenancy either.

Sorry, but if you plan to stay thru to the end of the 30 day notice period, you're fully responsible for those 12 days.

What if I am not planning on staying through to the end of the 30 day notice period? In fact, I am leaving even before my lease ends. So there will be ~19 days where I will have to pay for the place, but not reside in it. Does this change anything? They know the date that I am moving out.

I still don't see how the fact that they broke the law by not giving me a copy of my lease doesn't cancel my needing to provide a 30-day notice. How can they get away with breaking civil code 1962??

 

[treese]

I was not informed that a 30-day notice was required. The agent claims that I am now "rent responsible" for 12 days past my lease end date. Is there any way I can dispute this because I have never received a copy of my lease?

The lease would contain the notice requirement. If you signed the lease, you were informed of the notice requirement.

As far as not receiving a copy of your lease, did you ever ask for a copy at any time within the last 3 months?

I also have been reading that if your landlord fails to furnish a copy of the lease, your lease defaults to a month-to-month lease. Is this grounds for not paying the extra 12 days?

According to your own research, due to the landlord's failure to provide a copy of the lease, you have a month to month tenancy. CA landlord/tenant law requires a 30 day notice to terminate a month to month tenancy, so, yes, you are still liable for the extra 12 days of rent ... regardless of whether you reside in the premises for those days.

What if I am not planning on staying through to the end of the 30 day notice period? In fact, I am leaving even before my lease ends. So there will be ~19 days where I will have to pay for the place, but not reside in it. Does this change anything?

No, that does not change anything. You are liable for the rent through the termination period.