Hi, I have a question.

Posted on by

Hi, I have a question. My current six month lease ends in 7 days. I just told my landlord that I will not be signing a new lease and will be moving out in a week. He stated that if he did not find a new tenant he would have to charge me for the next month’s rent because I did not give 30 day notice. I reviewed the lease and it says “The term of this agreement is for 6.5 months, beginning on the 14th of August 2009 and ending on the 28th day of February 2010, at which time this agreement shall terminate without further notice. A “month to month” tenancy shall be created only if Owner accepts rent from renter thereafter.” Nothing in the lease says I must give any type of notice. Is it required by CA state law that I must give a 30 day notice. It sounds like from the lease that the agreement is over on Feb 28th. Thanks for any help you can give!

3 thoughts on “Hi, I have a question.”

  1. That is unusual as most leases will have a notice clause to renew or terminate. In any case he would have to support his argument in court, otherwise I could research the issue for a reasonable fee. Contact me directly.

    James Bame
    San Diego Law Office
    Los Angeles- Wilshire Blvd and San Diego locations
    San Diego And Los Angeles, CA 92107

  2. Mr. Barne is right that you have an unusual lease. Usually they either require you to give notice or they automatically roll over to month to month, or they require notice to renew and if no notice is given, they expire. In any case, there is nothing to research on this one. The only thing that would avoid the lease terminating, including your obligation to pay rent, would be if you paid and the landlord accepted further rent. You are under no obligation, if that is the correct language of the lease and there are no other provisions or agreements written or oral, to pay any rent beyond 2/28.

    Timothy McCormick
    Libris Solutions – Dispute Resolution Services
    1990 N. California Blvd., 8th Fl
    Walnut Creek, CA 94596

  3. A lease for a definite term expires at the end of the lease term, with or without notice. There are provisions in the law for what happens if (1) the tenant fails to move out and doesn’t pay rent, (2) the tenant fails to move out, offers rent, but the landlord doesn’t accept it, or (3) the tenant fails to move out, pays rent, and the landlord accepts it. Nevertheless, if the tenant simply moves out on or before the last day of the lease, that’s what’s expected, and no notice is required. Although it is polite and customary for the landlord and tenant to discuss their plans and intentions at lease-end, there is no legal necessity to do so.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

Comments are closed.