Legal Question in Landlord & Tenant Law in California

My fixed term lease is set to expire on Feb 28th, I emailed to give 30 days notice and they came back "saying the lease states you must give 60 days notice prior to expiration date". So now they claim I am rent responsible thru March 28th, at a higher rate. Is this legal? I thought 30 days was industry standard. What are my options? I am moving out due to finances and am not able to pay this unexpected additional month. What is the point of a lease if they rope you into another month?


Asked on 1/26/17, 4:31 pm

1 Answer from Attorneys

Without reviewing your entire lease it is impossible to give you a specific answer. What is sounds like, however, is that you have a standard lease that converts to a month-to-month tenancy upon expiration of the initial term unless you give notice you do not intend to hold over beyond the initial term. Such provisions are not only very common, they protect both the landlord and the tenant by making it clear what happens at the end of the lease, rather than making the tenant automatically guilty of unlawful detainer if they stay past the end of the lease, and making clear that the terms of the lease remain in effect, subject to any revisions in rent or other terms that the lease says will take effect at the expiration of the initial term.

The number of days ahead of expiration that you have to give such a notice is not fixed by law. It is up to the terms of the agreement signed by the parties. "Industry standard" is irrelevant if the specific lease in question says something else. The only thing I can say in your favor is that MAYBE if the lease says you will continue on the same terms month to month as you did under the lease, they can't raise the rent without 60 days notice. So you may not be on the hook for any increase as of 2/28. They are also obligated to try to re-rent the property promptly if you leave early. So if you are prepared to move out before 3/28, make sure they know, do an inspection, etc., to get you moved out by 2/28 as if that was the unquestioned end date. That will obligate them to try to find someone to move in as soon as commercially reasonable, which may cut your liability for March rent down to a few weeks.

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Answered on 1/26/17, 10:22 pm


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