Is 30-day notice required if I'm simply moving out at the end of a 1-year lease?
My lease expires 6/5/2009, and I gave notice today, 5/11/09. I was told that I will be responsible for rent 30 days from the date of notice (through 6/10/09. I've looked up information about this, but all I can find on the CA Department of Consumer Affairs is that for a PERIODIC rental agreement you must give notice. However, PERIODIC is defined as
"an oral or written rental agreement that states the length of time between rent payments - for example, a week or a month - but not the total number of weeks or months that the agreement will be in effect."
This is definitely not the type of agreement I signed. I signed a 1-year lease, which as far as I understand, means 1 year and no notice should be required. I never indicated I would like to renew the lease and feel that it is ridiculous for the landlord to assume that I would renew. In fact, I feel that signing a 1-year lease is, in effect, providing 1-year notice of my move-out date unless I indicate otherwise. Do I have any ground to stand on? I know it's only 5 days rent, but that's $265 dollars I don't want to flush down the drain for nothing.
30 days notice is customary and if you want your deposit back and do not wish to be charged this amount you will need to pay rent through that date. Using your example, what if your lease was up and you wanted to stay there longer than the lease time, would the landlord be able to assume you were moving out at the end of your lease and was free to rent it to someone else on 6/06/2009 because he had held you to the lease time, no more no less?5 years ago
You missed not paying any prorated rent by 5 days.
Even though you signed a 1 year lease, if you do not give notice 30 days before the lease expires of your intention of not renewing it, you are automatically converted to a month to month tenancy, that requires a 30 day notice. You needed to give your notice before May 5 in order to comply with the law.
You will not win this one.
Your landlord is correct. Any non-renewed written lease automatically converts into the 'periodic tenancy' you mentioned, in the absence of any notification on your part intending to not convert.
Consider yourself fortunate. Your landlord has the right to charge you rents up to and including JULY 5, since your notice was not timely for a full periodic rental period. You are getting off easily with only $265.
You should be reading YOUR LEASE, not the state laws.
The requirement of a 30-day, or one-month notice, is VERY COMMON in apartment leases. If you signed the lease with those terms, then "YES", it is required.
"This is definitely not the type of agreement I signed. I signed a 1-year lease, which as far as I understand, means 1 year and no notice should be required. I never indicated I would like to renew the lease and feel that it is ridiculous for the landlord to assume that I would renew. In fact, I feel that signing a 1-year lease is, in effect, providing 1-year notice of my move-out date unless I indicate otherwise."
Read EVERY WORD of your lease!
It depends on if that is part of the terms of your specific lease. That is a very common requirement. You should read every word of any lease or contract before you sign it. Also, before moving out of any apartment or house rental, I would suggest to anyone to refresh your memory on the terms about two months before you plan to leave, or when you first have thoughts about moving out, so you aren't put in a situation like this.
No, you are mistaken, signing a lease of a specific length of time is not also giving notice that you are moving out at the end of that lease. Many people sign a new lease and then some landlords allow you to go month-to-month after the original lease. Some landlords assume you are moving out if you don't sign a new lease one month before your current lease expires.
In short, they are all different.
YES! 30 days notice is ALWAYS required! You CANNOT just leave at the end of a lease. Most leases automatically go to a month to month when they expire. Every standard lease will state that notice is required. It is not the landlord's fault if you did not read it.
YES! You MUST legally pay rent through the full 30 days. If you leave without paying then they can sue you for it and ruin your credit.
You have no law on your side here. It is a tenant's responsibility to understand the rules and read your lease.
Source(s)by Wildcat - 5 years ago