Legal Question in Landlord & Tenant Law in California

I have no lease, am month to month I think. Been renting for 6 years, had lease first year then never signed anything else. I'm not sure if the lease i signed 6 years ago stipulated that after it expired I was to go month to month. I had been paying 2000 a month. Last few months I made agreement to pay 1000 every 2 weeks. Now landlord asked me to find new place by Nov 1. How can I find a new place to live if I have to pay 1000 every 2 weeks for current place? Landlord wants to sell house.


Asked on 10/22/14, 9:10 am

4 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

First of all, you are in a periodic tenancy, which is also called a month to month tenancy. (Civ. Code, sect. 1945.) What that code section means is that when a fixed term lease ends, and the tenant continues to pay rent and occupy the property, the term is deemed renewed for each period of time between rent payments, in this case, it appears to be month to month.

Second of all, the landlord has every right to ask you to pay rent while you occupy the property. You don't get to live there for free just because you claim you are moving.

You don't indicate what kind of notice the landlord gave you to move, so the attorneys on this forum cannot tell you whether or not the notice is proper.

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Answered on 10/22/14, 9:15 am

Mr. Roach is correct. I write to add that under the situation you describe, the landlord was/is required to give you 60-days notice if he/she wants to terminate the tenancy. He/she can't tell you in October to be out by Nov. 1.

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Answered on 10/22/14, 11:47 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

The above are correct. You are required 60 days notice. That is the law.

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Answered on 10/22/14, 1:25 pm
Anthony Roach Law Office of Anthony A. Roach

You are not entitled to a 60 day notice if you have failed to pay rent. If you have failed to pay rent, you get a 3 day notice, not a 60 day notice.

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Answered on 10/23/14, 11:13 am


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