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I live in California.
Okay here is the story. My wife and I signed a lease (ACTUALLY our
signatures dont even appear on the lease!) on April 1998 for one year which
expired on April of 1999.
The lease has been long gone, and I was wondering if we need to give 30 days
notice if we want to move out. Line 17 of the agreement says this:
.....after the natural expiration of this lease, a new month-to-month tennancy
shall be created bewteen the Lessor and the Lesse. Now:
1. "Shall be created". It never says anything about an auto-convert to a
month to month right?
It goes on...
conditions hereof and shall be terminated on BLANK days written notice
served by the Lessor or Lessee
Now, lots of things to observe here.
1. We never signed the lease agreement. I can't believe they never asked for
signatures.
2. As mentioned above, there is no mention that this lease converts
automatically tro month-to-month. It mentions that a new one should be
created.
3. under "days notice" it is blank. No 30 days, nothing.
So we are planning on giving her a check for the remaining days we are here
(March 1-15). We were also going to offer her to keep our security deposit
of $950 as we want out and it to be done with. (terrible landlord) However,
I am begining to think that money is ours and it is foolish to offer it.
So are we right to not give a 30 days notice? I mean the lease agreement is
invalid because it has expired, does not have our signatures on it, there is
no auto-month-to-month, and it says BLANK (nothing) under days notice.
Help!
dnascimento@socal.rr.com
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On Wed, 09 Mar 2005 22:23:48 -0500 Don N. wrote:
I live in California.
Okay here is the story. My wife and I signed a lease (ACTUALLY our
signatures dont even appear on the lease!) on April 1998 for one year
which expired on April of 1999.
The lease has been long gone, and I was wondering if we need to give 30
days notice if we want to move out. Line 17 of the agreement says this:
Since the lease has reverted to a month to month contract, then by all
rights, you should at least notify your landlord of your actions to vacate
30 days in advance.
Most states now have laws that state that however you pay, is the time frame
required for notice.
In my neck of the woods here in wiscsonsin, landlords are under the
impression they can evict practically at will.
Mine says they give 5 days. While wisconsin law says 28.
Purely as a curtesy, give the landlord 30 days anyway.
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In article <cbfv21lh1no16pa2hf7uue43nv69vnsv1h@4ax.com>,
"Don N." <dnascimentonfgn@socal.rr.com> wrote:
I live in California.
Okay here is the story. My wife and I signed a lease (ACTUALLY our
signatures dont even appear on the lease!) on April 1998 for one year which
expired on April of 1999.
The lease has been long gone, and I was wondering if we need to give 30 days
notice if we want to move out. Line 17 of the agreement says this:
....after the natural expiration of this lease, a new month-to-month tennancy
shall be created bewteen the Lessor and the Lesse. Now:
1. "Shall be created". It never says anything about an auto-convert to a
month to month right?
This is normally covered by state law. In most states, when a lease
expires, and you are not asked to move out, and you don't give notice,
then the lease automatically coverts to a month to month. Some states
require 30 days notice, some require 60 days notice. Here in Minnesota,
you need to give at least 2 months notice, which could be as many as
63 days.
You can check state law on your own, hire an attorney, or negotiate
with your landlord, but I think you rightfully owe them at least 30
days notice. If not, then expect to pay for an extra month of rent.
-john-
--
======================================================================
John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
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"John A. Weeks III" wrote in misc.legal.moderated:
This is normally covered by state law. In most states, when a lease
expires, and you are not asked to move out, and you don't give notice,
then the lease automatically coverts to a month to month. Some states
require 30 days notice, some require 60 days notice. Here in Minnesota,
you need to give at least 2 months notice, which could be as many as
63 days.
I know the winters _seem_ to drag up there, but which is the 32-day
month?
--
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
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"Don N." wrote:
OP rented an apartment(home?) in California on one year lease, April
1998-1999. Language about what happens after expiration is ambiguous.
THere is also a question of whether the lease was ever signed.
So we are planning on giving her a check for the remaining days we are here
(March 1-15). We were also going to offer her to keep our security deposit
of $950 as we want out and it to be done with. (terrible landlord) However,
I am begining to think that money is ours and it is foolish to offer it.
So are we right to not give a 30 days notice? I mean the lease agreement is
invalid because it has expired, does not have our signatures on it, there is
no auto-month-to-month, and it says BLANK (nothing) under days notice.
Under California law, any tenancy(*) that doesn't have a different
length specified is month-to-month. You need to give 30 days notice.
(The landlord has to give you 60 days notice, so you get a slight
advantage here.) You are required to pay rent up to 30 days after you
give notice. If your landlord is willing to accept your security
deposit as that 30 days rent, then you have an agreement. If not, you
are still required to pay the rent and the landlord then needs to refund
your security deposit minus any damage you did.
(*) generally, occupying a hotel room isn't considered tenancy in the
same way, so you can rent hotel rooms by the day, the week, or even the
hour.
--
I pledge allegiance to the Constitution of the United States of America,
and to the republic which it established, one nation from many peoples,
promising liberty and justice for all.
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