california 30 days notice tenant

california 30 days notice tenant

"Ygirl"	11/17/2004 3:04:22 PM
Hi, I rented an apartment from Presidio of Fremont and my lease expired end of this month. At the end of last month, I received notices from the manager soliciting me to renew. But there was no mention that if I chose not to renew the lease, I have to give 30 days notice. So I ignore the notice. But a couple days ago I remember the last apartment I rented they give me a 30-days notice form to fill out when I chose not to renew (they send both forms). So I decided to call the rental office and they insist I need to give 30 days notice. But I am moving out in two weeks so I will be stuck with two weeks worth of extra rent ($760). I went back and looked at my lease document. It says: ----------------------- TERM: The term of this Agreement is for 6 months, beginning on 05/15/04 and ending on 11/20/04 at which time this Lease shall terminate without further notice. Any holding over thereafter shall result in Resident being liable to Owner/Agent for "rental damages" equal to the current market value of the unit divided by 30. Daily rental value is prorated using a 30-day month. A "month-to-month" tenancy subject to the terms and conditions of this agreement shall be created only if Owner/Agent accepts rent from Resident thereafter, and if so accepted, tenancy may be terminated by Resident after service upon Owner/Agent of a written 30-day Notice of Termination. The month-to-month tenancy created thereafter may be terminated by the Owner/Agent by service upon the Resident of a written 30-day notice of termination of tenancy if Resident has been in possession of the unit for less than one year, or the month-to-month tenancy may be terminated thereafter by Owner/Agent after service upon the Resident of a written 60-day notice of termination of tenancy if Resident has been in possession of the unit for one year or longer. ----------------- So what is the ground that the apartment manager requiring me to give 30 days notice? Any pointer will be greatly appreciated.



Stuart Bronstein	11/19/2004 8:47:05 PM
Ygirl wrote: I rented an apartment from Presidio of Fremont and my lease expired end of this month. At the end of last month, I received notices from the manager soliciting me to renew. But there was no mention that if I chose not to renew the lease, I have to give 30 days notice. So I ignore the notice. But a couple days ago I remember the last apartment I rented they give me a 30-days notice form to fill out when I chose not to renew (they send both forms). So I decided to call the rental office and they insist I need to give 30 days notice. But I am moving out in two weeks so I will be stuck with two weeks worth of extra rent ($760). The lease says it terminates on 11/20/04 automatically, without notice, which is the law even without that provision. You had no obligation to give any notice that you planned to be out on that date, and are not liable for rent for any time after that date unless you remain on the premises. Stu



Stan Brown	11/19/2004 8:47:55 PM
"Ygirl" <bigfoot_com7@hotmail.com> wrote in misc.legal.moderated: You have a six-month lease, and you're in the last month. The owner sent you a solicitation to renew, which you ignored. Now the owner's agent is demanding 30 days notice for you to vacate. I went back and looked at my lease document. It says: TERM: The term of this Agreement is for 6 months, beginning on 05/15/04 and ending on 11/20/04 at which time this Lease shall terminate without further notice. ... A "month-to-month" tenancy subject to the terms and conditions of this agreement shall be created only if Owner/Agent accepts rent from Resident thereafter, I snipped the irrelevant bits (most of the paragraph). So what is the ground that the apartment manager requiring me to give 30 days notice? Any pointer will be greatly appreciated. There is no ground, unless it's in another part of the lease (which seems unlikely). The "hold-over" provision is if you voluntarily stay past the end of the lease, which doesn't apply here. Again, unless somewhere the lease says that it renews unless you give notice, at the end of the month you have no lease and no obligation. But make sure you get this cleared up before then, or getting back your security deposit may be unreasonably hard. I recommend treating this as an honest mistake by the agent (even if you think it's not). Take your lease and point out the termination clause. Ask them to point to the specific language that requires 30-day notice when you leave at the end of the lease. -- If you e-mail me from a fake address, your fingers will drop off. I am not a lawyer; this is not legal advice. When you read anything legal on the net, always verify it on your own, in light of your particular circumstances. You may also need to consult a lawyer. Stan Brown, Oak Road Systems, Tompkins County, New York, USA http://OakRoadSystems.com

Report this post for offensive content