QUESTION
Do I still have to give 30 day notice if I'm leaving at the end of my year lease and if so, why is it worded that way in the lease?
Asked on Sep 30th, 2016 on Landlord and Tenant Law - California
More details to this question:
About a year ago, I signed a yearlong lease at a rental apartment. After a year, it was to go to a month to month rental agreement on approval by the landlord. In the lease, it specifies that once you're in the month to month, you have to give 30 day notice before moving out. However, it never specified how much of a notice for leaving once the initial year lease ends.
2 ANSWERS
It was worded that way so that if at the end of the one year the landlord still wants you as a tenant you become one on a month to month basis. Since you must give 30 days notice to terminate a month to month, 30 days before the year long lease ends you have to give notice to the landlord that you will not renting anymore under any terms.
Answered on Oct 21st, 2016 at 6:52 PM
Litigation Attorney serving Bakersfield, CA
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You do not have to give any notice if you leave on or before the expiration of the lease. After the lease expires, it converts to a month to month tenancy requiring that you give a 30 day notice of termination. The safest approach would be to give a 30 day notice 30 days before the termination of the lease. To avoid any related issues, do not use your security deposit as your last months rent payment.
Answered on Oct 21st, 2016 at 11:55 AM