QUESTION
If a rental lease does not specify that the renter is required to give 30 days notice, do they have to?
Asked on Sep 16th, 2015 on Landlord and Tenant Law - California
More details to this question:
My rental lease ended in August and it does not specify that I, the renter, needed to give a 30 day notice afterwards. The lease said that it would go on month to month after the full term of the lease ended in August. I am worried that my landlord may demand that I pay another full month rent, or hold part or all of my deposit, because I didn't give him a full 30 day notice before my move out day. I only gave him less than 20 days notice that I would be out of the house by the end of the month. I do not want to pay another month's rent. Also, does the notice need to be in the form of a letter? Or is another form of communication acceptable? My landlord and I usually have communicated through text messaging. Please advise.
1 ANSWER
All contracts are subject to the laws of the state in which the contract is made. In California, both a landlord and a tenant must give the other a notice in writing [I am not sure if there is any case law that a text message qualifies as 'written" but it probably is okay, but why take a chance, send a certified letter] at least thirty days before they wish to terminate a month to month tenancy. That is done so that the tenant getting a notice has at least thirty days to find a new place to rent or a landlord getting the notice has at least thirty days to try to find a new renter. The notice does not have to be at the same time as the lease renews. So if the new month starts the first of the month, on the 15th you can give notice and then leave the 15th of the following month. Since you clearly failed to give proper notice, you have to start over and give a proper 30 day notice. That is only fair.
Answered on Sep 23rd, 2015 at 4:31 AM