Legal Question in Landlord & Tenant Law in California

if your lease is up on an apartment are you required to give a 30 day notice


Asked on 12/07/11, 6:15 pm

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

When the lease term expires, your tenancy continues on a month-to-month basis. You pay rent in advance of each month by making your rent payment on the first of the month. The provisions in the lease agreement continue in force, but they may be changed on 30 days notice. If you want to move, you must give 30 days notice (although some folks don't) to be courteous and avoid any other contractual penalties.

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Answered on 12/08/11, 8:08 am

Mr. Iadevaia is flat out wrong. Unless the lease expressly provides that it will roll over unless notice is given, there is no need to give notice that you will surrender the tenancy at the end of the lease. Tenancy after an expired lease turns into a month-to-month tenancy ONLY if you "hold over" your occupancy and possession of the premises and the landlord accepts further rent payments, after the expiration of the lease, OR if the lease requires notice if either party does not intend to convert to a month-to-month rental at the end of the lease term. With that said, however, it is still a good idea in order to avoid issues with the landlord, and a simple courtesy, to confirm to the landlord in advance that you will be vacating the premises at the expiration of the lease, if that is your intention.

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Answered on 12/08/11, 10:39 am


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