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    Jimi_kay's Avatar
    Jimi_kay Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jan 26, 2007, 12:53 AM
    30 day notice to not release
    CALIFORNIA

    My lease of a year is up on the 31 of jan. I don't want to be here in Feb and have started looking for places. My land lord says that I did not give him a 60 day notice that I was not going to re new the lease, which I don't think I have to do. I would be out my the 31 noon as it says on the . So now he says were on a month to month but I have not gone over the lease date. Then he says I have to give a 60 day notice on the month to month so now I have to stay 2 months longer. He is trapping me to stay here longer and taking my money.

    Here is word for word what my lease says that he says covers his story. I find it very undefined and well... what do you make of it?

    Page 3 of 5
    #20 HOLD OVER BY LESSEE
    Should lessee remain in possession of the premises with the consent of lessor after the natural expiration of this lease, a new tenancy from month to month shall be created between lessor and lessee which shall be subject to all the terms and conditions whereof but shall be terminable on 60 days written notice served by lessor or the lessee on the other party. Any holding of the lease premises by lessee after the expiration of this lease without a written renewal thereof or written consent from lessor or lessor's agents, shall not constitute a tenant-at-will interest in behalf of the lessee; but lessee shall become a tenant of sufferance. There shall be no renewal whatsoever by operation of law.
    #21 SURRENDER OF PREMISES
    At the expiration of the lease term, lessee shall quit and surrender the premises in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted.

    SO I CAN LEAVE WHEN IT'S OVER BECAUSE OF #21. AND 22 ONLY HAS TO DO WITH WHEN IT GOES MONTH TO MONTH WHICH I'LL BE OUT ON THE 31 NOON.

    WHO SHOULD I TALK TO

    If that would not work I have had rats at this place and they are in the air ducts. I told him 6 days ago and he just got back to me today. He said his friend would come over and put some traps up. Could I break lease and all this for health code things. I mean the rats are in the ducts, and it took him 6 days, and his friend has not contacted me or anything. I'm always in the dark with this guy.

    Thanks for your time and answers
    Jimikay
    HELP:confused:
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Jan 26, 2007, 05:37 AM
    Hello jim:

    30 days notice is all that's required with a month to month lease. Give him your 30 on the first and be out by the end of Feb.

    That's what the law requires you to do. Your landlord may not be as smart as you and doesn't know that part. Ok. At the end of your lease, clean well, take pictures, and BRING the landlord for a walkthrough.

    They may think you owe another month so they might keep your deposit. If so, sue them in small claims court.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jan 26, 2007, 07:14 AM
    Sorry, but you misread the lease. What those clauses do is allow you to stay on past the lease expiration without being thrown out. The part you need to review is what notification is required. If the lease specifies 60 days, then you are required to give 60 days. If it doesn't specify, then generally, the notice period is the same as the rental period. So if you pay monthly you have to give a month's notice.

    The landlord needs to have time to advertise and find a new tenant. If you just up and leave, you are forcing the unit to be vacant costing the landlord. So I side with the landlord on this one. If you move out, without giving reasonable notice, the landlord can charge at least one month's rent.
    landlord advocate's Avatar
    landlord advocate Posts: 283, Reputation: 36
    Full Member
    		  
    #4

    Feb 3, 2007, 10:58 AM
    Quote Originally Posted by excon
    Hello jim:

    30 days notice is all thats required with a month to month lease. Give him your 30 on the first and be out by the end of Feb.

    That's what the law requires you to do. Your landlord may not be as smart as you and doesn't know that part. Ok. At the end of your lease, clean well, take pictures, and BRING the landlord for a walkthrough.

    They may think you owe another month so they might keep your deposit. If so, sue them in small claims court.

    excon
    Notice should be given on the last day of the previous month: a 30 day notice must include a full rental period. Giving notice on the first would be a day too late.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #5

    Feb 3, 2007, 11:22 AM
    Hello again:

    It's true, one day DOES make a difference. I think I'll write a song: "What a difference a day makes - 24 liddle oooooowers...."

    excon
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