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kelnos · May 18, 2007, 05:23 PM

Hi all,

First time poster here... I searched around, but couldn't find anything similar.

I have a 1-year lease on an apartment in California that started on June 1st, 2006, and ends May 31, 2007 (in about 2 weeks). The rental office called me to ask if I was going to renew my lease or enter into a month-to-month agreement. I told them that I wouldn't be renewing my lease, and I'd be moving out on or before May 31.

They told me that there was a clause in my lease that says I have to give 30 days notice before vacating, even if my lease is terminating, and that if I give notice today (May 18), then I'll be responsible for paying rent through June 17, which is 17 days past the end of my 1-year lease.

Is this kind of clause legal? I've read a lot of things about requiring 30-day notice before leaving on a month-to-month agreement, but nothing about such requirements with fixed-term lease agreements. I'd really like to avoid paying so much money when my lease is over and I'm not living there. It's a decent amount of money, so I'd probably be interested in getting a lawyer involved (though probably not taking it to court) if this clause might not be enforceable.

Thanks!

Fr_Chuck · May 18, 2007, 05:42 PM

Normally a lease automatically goes to a month to month if not renewed, and most require a 30 day notice. You need to see what the exact terms of your lease state. If this is stated in your lease, then it is how it is.
** This is common and although I don't lease any longer ( I merely rent) it was always part of my leases. I would give notice since if you don't, the time required for notice just keeps moving out. If they find someone and move then in before June 17, then you would owe only to the day someone else moved in. If you knew you were moving, why did not merely tell them,?

kelnos · May 18, 2007, 11:55 PM

Yes, looking at my lease agreement again, it's very clear on requiring 30 days notice before vacating, regardless of whether the lease term is ending or not. I've been at this place for 2.5 years; none of my previous apartments required notice before leaving, so it didn't even occur to me. I wasn't completely sure that I was leaving until just today, hence why I hadn't gotten in touch with my current landlord earlier. Honestly, it just didn't occur to me that I had to give advance notice. Ah well, this will be a costly mistake to have made.

ScottGem · May 19, 2007, 04:42 AM

Originally Posted by kelnos

Honestly, it just didn't occur to me that I had to give advance notice. Ah well, this will be a costly mistake to have made.

I'm really surprised you got away with that before. Think about it, if you aren't going to renew, the landlord needs time to advertise the unit to get a new tenant. If the unit goes vacant they are losing money.

kelnos · May 22, 2007, 04:10 PM

Originally Posted by ScottGem

I'm really surprised you got away with that before. Think about it, if you aren't going to renew, the landlord needs time to advertise the unit to get a new tenant. If the unit goes vacant they are losing money.

This was my first apartment outside of college. All the apartments I had in college, most landlords just assumed you were going to do a 1-year lease only, and they would actually show the apartment and get new tenants for the following academic year before the end of November or December, even if your lease didn't end until June or July of the next year. Annoying for people who did want to stay in the same place, as they'd have to decide pretty early on in the lease period.

But of course, what you say makes sense, and I realise that that's the reason for the clause.

Fr_Chuck · May 22, 2007, 04:33 PM

Ok, there are a lot of nice, and if you read here a lot of landlords who just don't know the rules thierself, so you can fool a lot of landlords.

As you have asked, but often if you talk to the person in charge they will often let you get by with some things esp if it is not a large company.

kelnos · Jun 3, 2007, 03:25 AM

Yeah, I already talked to them, and they're not budging. Fortunately -- through oversight or just being nice, I don't know -- they're charging me a prorated amount based on my current rent, rather than either what the new rent would be if I were to renew ($100 more) or the month-to-month rent ($200 more). Maybe I'll luck out and they'll rent the unit out before my 30 days is up...

Anyway, thanks everyone for the advice.