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twinmommy · Feb 9, 2008, 10:59 PM

We have lived in our apartment for 4 years and planned on a March 10th move out day. I provided our landlord with a 30-day notice 2 days ago, but she said that in our rental agreement I must give a 60-day notice. I went back and read the agreement and sure enough it says that if you live there under a year you can give a 30-day notice but any tenancy over 1 year must give 60-days notice.

So my question. We are in the state of California and have a month-to-month rental agreement. It has always been this way, (the apartment complex only does month-month.) so are we obligated to give a 60-day notice or can we give a 30-day notice? When I read the CA Civil Code it says you only have to give the time that you pay-which for us would be 30-days. Please help, need answers fast.

Thanks!

froggy7 · Feb 10, 2008, 08:53 AM

Yes, the 60-day notice is valid. If you go month-to-month after having a lease, all the terms of the lease still apply except for the time limitation. So, since the lease asked for 60 days, 60 days it is.

s_cianci · Feb 10, 2008, 08:57 AM

It sounds like you have the answer to your question. A month-to-month lease is a two-way street. It's only valid for a month at a time, so they can evict you with 30-days notice and you can leave with 30-days notice.

twinmommy · Feb 10, 2008, 03:16 PM

Originally Posted by froggy7

Yes, the 60-day notice is valid. If you go month-to-month after having a lease, all the terms of the lease still apply except for the time limitation. So, since the lease asked for 60 days, 60 days it is.

We never had a lease. Only a month-to-month rental agreement from the beginning.

ScottGem · Feb 10, 2008, 03:28 PM

Of course you had a lease. You just said "I went back and read the agreement". What do you think that agreement is? Its still a lease even if it doesn't specify an expiration date.

And froggy and LILL are right, the terms of the lease apply. Now that doesn't mean you can't move on March 10, but it does mean you will have to pay for the other month.

Fr_Chuck · Feb 10, 2008, 03:28 PM

Normally the state law covers what happens if there is no written rental agreement. In your case there is a written rental agreement, in that you both agreed to the terms of the rental. The written agreement should be binding. Had your written agreement not given any terms, then the 30 day woul be binding.

Now you can just tell your landlord this is the state law and you are moving, they in general will say no, and hold back your deposit for unpaid rents. If they do that, you in turn sue them in small claims court and the court will decide.

twinmommy · Feb 10, 2008, 09:05 PM

Thanks for all your input. We have spoken to the landlords and they are willing to let us out with only a 30-day notice. So we are good.

Fr_Chuck · Feb 10, 2008, 09:22 PM

Glad it worked out for you,

JudyKayTee · Apr 4, 2008, 10:14 AM

Originally Posted by s_cianci

It sounds like you have the answer to your question. A month-to-month lease is a two-way street. It's only valid for a month at a time, so they can evict you with 30-days notice and you can leave with 30-days notice.

Rental agreement decides - and it says 60 days. OP waived the 30 day notice law by signing the agreement.