[cfsipes]

I live in Fremont, Ca. I signed a six month lease. My lease is up and I'm moving. My landlord is requiring me to pay rent for an additional 30 days. In my lease agreement it states "Notice of termination/Death: Renter shall give owner 30 day notice of intent to vacate and shall be liable for payment of rent through the date of expiration of the notice or if later, until the premises are vacated. Renter's death shall be deemed notice of termination." Was I wrong in assuming that this only applied when the renter is terminating tenace prior to the agreed upon lease dates. I signed a 6 mo lease. Why do I have to give 30 day notice that I am moving out the day my lease expires? Shouldn't the landlord know or assume I am leaving, unless I say in advance that I am staying?

[excon]

Hello cf:

On the one hand, you would think so, but it doesn't work that way. You give notice when you're going to leave, not when you're going to stay. Most people don't want to move after their lease expires, and most landlords don't want the tenants out. Therefore, a lease automatically turns into a month to month tenancy, and nobody has to give notice.

If you had given notice at the end of the 5th month, it would NOT have automatically converted. Since you didn't, the month to month tenancy started, and you owe your landlord 30 days notice. You didn't give it to him so you owe him 30 days rent.

excon