Legal Question in Landlord & Tenant Law in California

CA Rental Lease

My tenants signed a 10 month lease that ends at the end of July. It is described as a fixed term lease. They pay monthly rent. The lease provides that it converts to a periodic tenancy at the end of the fixed term, where 30 days notice of termination is required. Question: Do they have to give 30 days notice to move out at the end of the 10 month fixed lease? Meaning, if they were only to stay for the fixed term of 10 months, do they still have to give notice 30 days before the fixed term is up saying that they are in fact moving out at the end of the 10 month lease. Or, can they just move out with out indicating anything?


Asked on 7/10/09, 11:21 am

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: CA Rental Lease

It is always better to document things in writing. If the term is for 10 months and they move out after 10 months, then there really is no issue. The problem arises where they do not move out and continue to pay rent, and it is accepted by the landlord. In that case, a month-to-month lease is implied by the payment and acceptance of rent.

It does depend on the verbage of the rental agreement. It sounds like the notice is required, as you stated, so I would certainly recommned writing the notice.

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Answered on 7/10/09, 2:31 pm


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