+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    spymon74666 is offline Junior Member
    Join Date
    Sep 2007
    Posts
    3

    Notice at end of lease required?

    What is the name of your state? California

    I have a simple question...we are nearing the end of a year lease...it ends on September 30, 2007...this is the second year lease we signed with the existing landlord.

    Is it required to submit a 30 day notice that we intend to leave? We have not agreed to any further tenancy beyond the end of the lease.

    On the California Housing website, [url]http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml[/url], I found this:

    periodic rental agreement - an oral or written rental agreement that states the length of time between rent payments - for example, a week or a month - but not the total number of weeks or months that the agreement will be in effect.

    Tenant's notice to end a periodic tenancy

    To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move.

    Technically, a lease can be construed as a periodic tenancy as there is a beginning and an end point, however, it does not seem to apply.

    Now of course, our failure to render a notice gives the owner the rights to rent the property on Oct 1, and if we reside there, we would be subject to fees and penalties.

    Essentially, we are just wondering if a 30 day notice is actually REQUIRED...there is no stipulation in the lease agreement.

    Thank you for your responses in advance...
    Last edited by spymon74666; 09-03-2007 at 11:54 AM. Reason: mispelling
  2. #2
    CourtClerk is offline Senior Member
    Join Date
    Apr 2007
    Location
    Sitting at the computer probably rolling my eyes at your post
    Posts
    13,439
    30 day notice is required. In the event that you do not sign a new lease at the end of the lease period, your tenancy reverts to month to month.
  3. #3
    spymon74666 is offline Junior Member
    Join Date
    Sep 2007
    Posts
    3

    month to month?

    Would it revert to a month to month even if we did not agree or come to terms? And our LL is raising rent to $500 a month more...would the month to month be at the higher rate? (This is in part why we are moving)

    I thought it would revert only if terms were agreed upon, or specific stipulations were indicated in the lease agreement.
  4. #4
    CourtClerk is offline Senior Member
    Join Date
    Apr 2007
    Location
    Sitting at the computer probably rolling my eyes at your post
    Posts
    13,439
    No terms need to be agreed on, the terms of your lease (with the exception the part that states tenancy is from XX date to XX date) are in full effect. He can, at the end of your lease raise the rent.

    For instance, I moved where I am now and initially was on a 1 year lease. At the end of the 1 year, my tenancy reverted to a month to month tenancy. All other clauses in my lease (house rules, payment due date, responsibility for repairs, etc.) remain the same, however, I now can move with 30 days notice and because I've been here so long, they now have to give me 60 days to end my tenancy, unless of course they are evicting me for cause (non payment of rent, etc.).
  5. #5
    Who's Liable? is offline Senior Member
    Join Date
    Oct 2004
    Location
    Phoenix, AZ.
    Posts
    4,539
    Quote Originally Posted by spymon74666 View Post
    Would it revert to a month to month even if we did not agree or come to terms?
    By staying in the rental unit and NOT moving, you have AGREED to the terms of the lease. The state automatically upholds the existing lease and extends it an additional month REGARDLESS of your agreement or not. It's done to protect you and the LL.

    Quote Originally Posted by spymon74666 View Post
    And our LL is raising rent to $500 a month more...would the month to month be at the higher rate? (This is in part why we are moving)
    The LL would need to notify you of the rent raise prior to it happening. If he has already done so, than YES, the month-to-month would be at the higher rate. Failure to do so will result in a 3-day pay or quit notice followed by an eviction.

    Quote Originally Posted by spymon74666 View Post
    I thought it would revert only if terms were agreed upon, or specific stipulations were indicated in the lease agreement.
    By staying in the apartment, you have AGREED to the terms of the lease, and if the LL has already notified you that the rent will increase when the lease ends, you better make sure that your rent check reflects that.
  6. #6
    spymon74666 is offline Junior Member
    Join Date
    Sep 2007
    Posts
    3

    thank you

    Thank you for your help!!
  7. #7
    CA LL is offline Senior Member
    Join Date
    Mar 2007
    Posts
    1,098
    I'm not sure you got full accurate CA law input here...

    The statutes in CA do NOT require notice be given by EITHER party at the end of a fixed term lease. HOWEVER if the written agreement mandates one of 30 days then the tenant must give it. AND a "courtesy" expectation of notice by either party of their intent when it comes to the end of the term is commonly expected but NOT mandated by the law. This is one of probably two hundred reasons why I NEVER use fixed term leases, in CA or anywhere.

    Next...a rent increase MUST be provided with the proper notice regardless of lease ending vs MTM. Therefore if the LL is raising the rent at the end of the term, the LL MUST notify the tenant of this AT LEAST 30 days before the end of the term if it is to be effective on the 1st day after the term expires OR SIXTY (60) days if the total increases over the last 12 months including the projected one are over 10%. If that notification is MAILED, the LL must add another FIVE (5) days making it either 35 or 65 depending on the cumulative increase over past 12 months.

    This may or may not contradict what all was said above...but I for sure saw a few responses that are NOT per CA law so thought I should jump in just in case.

Similar Threads

  1. Replies: 6
    Last Post: 12-20-2012, 03:03 PM
  2. Strange situation. 30 Day Notice required 2 months before lease is up.
    By dfreeland311 in forum Landlord / Tenant Issues
    Replies: 6
    Last Post: 07-31-2009, 12:46 PM
  3. 30-day notice required even if no copy of lease?
    By brooksbp in forum Landlord / Tenant Issues
    Replies: 3
    Last Post: 07-31-2009, 10:13 AM
  4. Breaking a one year lease with early termination fee - 30 days notice required?
    By downey_renter in forum Landlord / Tenant Issues
    Replies: 10
    Last Post: 07-20-2008, 09:20 PM
  5. How much notice is required?
    By BigDaddyZack in forum Online Purchases and Sales
    Replies: 1
    Last Post: 06-22-2006, 03:45 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.