Terminating month-to-month rental agreement in CA

[mday83]

What is the name of your state? California

Hi all.

I'm asking this question on behalf of my girlfriend, who has gotten into a sticky situation with regards to her month-to-month rental agreement. At the end of July, her three roommates announced that they were moving out. They gave 30 days' notice to the landlord and will be leaving at the end of this month. My girlfriend decided she wanted to stay in the same apartment, so she found two new roommates to replace the three who were leaving. She was on her way to the office to complete paperwork with the second roommate when the building management approached her and told her that they were ending the month-to-month agreement and planned to reclaim the unit at the end of October.

Obviously, this put her into a difficult situation, and she told the management that she wanted to move out at the end of this month together with the other tenants. However, they told her that she couldn't do this since she had failed to give 30 days' notice. As I understand it, one of the new roommates my girlfriend found has backed out after learning that the unit will only be available until the end of October. The other new roommate has agreed to stay on, but this means the rent the two of them will pay will be much greater than they had planned since it has to be split between only two people. If possible, my girlfriend wants to get out of the rental agreement.

I think that what the management is saying - while manipulative - is legally sound. Is that true? Is there anything she can do to get out of the agreement? The management at this building isn't that great. The apartment hasn't been kept up very well and I have the feeling that the conditions there might not be up to snuff legally. I heard that having no window screens is grounds to get out of a rental agreement. Is this true? I don't think they have window screens. Also, they have required tenants to leave several times to fumigate apartments and have offered no compensation. They also entered the apartment without notice on one occasion because they believed the toilet in the apartment was causing a leak downstairs.

What can the management do if she moves out and refuses to pay next month's rent? How much is she legally required to pay?

Any help would be much appreciated.

[Zigner]

Originally Posted by mday83

I heard that having no window screens is grounds to get out of a rental agreement. Is this true? I don't think they have window screens. Also, they have required tenants to leave several times to fumigate apartments and have offered no compensation. They also entered the apartment without notice on one occasion because they believed the toilet in the apartment was causing a leak downstairs.

What can the management do if she moves out and refuses to pay next month's rent? How much is she legally required to pay?

Any help would be much appreciated.

Your GF should give her 30 day notice TODAY and then move out 30 days from now. Her rent will be prorated... (it's a California thing), but she will still be required to pay for the 17-ish days in Sept.

[CA LL]

Right...she needs to give WRITTEN NOTICE ASAP!! Then she just owes September rent for the pro-rated amount.

NONE of the rest of the info in the post matters really.

[ENASNI]

Ditto to CaLL post. the other stuff does not matter if you did not document and fight it. Unless the whole complex is under somekind of scrutiny, just get her out.

I dislike, ( Oh how I hate it here now that I want to leave.. kinda posts)

Good luck... and good luck with the distrubution of the security deposit if papers were not signed.

Renting is a dangerous business, when you step outside your own door.

( paraphrasing The Lord of the Rings a little there, but you know I am a dork.)