renewal of lease contract (Orange: apartment complex, renter, month-to-month)

[christopher q1]

i live in the city of west covin,ca...my lease is up on oct.31...i have not received a renewal offer and i plan to move out at the end of my lease. The property manager has stated that we need to give her a 30 day notice of moving out or it will be deemed "termination of lease before end of contract". The only offer she has given me would be to start 30 day notice as of today and pay the prorated amount until the end of the notice. Can this be done and what do i do without having to be penalized.

[CALGUY]

In a lease situation, you do not have to give notice that you are vacating at the end of the term lease.
On a month too month rental, you would need to give a written 30 day notice before vacating.
On a lease agreement, it is understood by both landlord and tenant, the lease will expire on a pre-determined date, and at that time you have the opption of re newing, or moving.
No notice is needed.
As a common practice (not mandatory), most tenants inform the landlord in a lease situation as to their intent to either re new, or vacate.
Bob.

[christopher q1]

thank you very much...its loud and clear that we can vacate at the end of our lease without being penalized with fees or breaking our lease contract...this helps very much...

[bhcompy]

Originally Posted by CALGUY

In a lease situation, you do not have to give notice that you are vacating at the end of the term lease.
On a month too month rental, you would need to give a written 30 day notice before vacating.
On a lease agreement, it is understood by both landlord and tenant, the lease will expire on a pre-determined date, and at that time you have the opption of re newing, or moving.
No notice is needed.
As a common practice (not mandatory), most tenants inform the landlord in a lease situation as to their intent to either re new, or vacate.
Bob.

This is only correct if the lease contract does not stipulate that the contract will turn in to month to month at the end of the lease contract(which is what my lease contract states).

@OP: I would review the lease documents.

[christopher q1]

i found my lease and it states the following:
expiration/holdover/death-notice
renter shall vacate premises upon expiration of the term of the lease without notice to vacate from Owner being required. Any holdover without Owner's consent shall be deemed a trespass and damages shall accrue at daily charge equal to twice the pro-rated monthly lease rent. A holdover with owner's written consent shall be a month-to-month tenancey subject to all covenants and conditions of the lease. A thirty day notice from trnter is required to terminate such holdover tenancy. Renter's death shall not terminate any remaining rental obligation for the balance of the lease-term but Owner, at Owner's option, may take possession of the premises and re-rent them to mitigate any damages.

What is a Holdover?..and can this be explained to me

[bhcompy]

Looks to me like it's a continuation of the lease in month to month status with owner approval

If you want to leave when the lease is up, I'd verify with your city/county housing authority that the contract is as it states(which looks to say you can leave with no notice at all). The contract I signed has the stamp of some housing authority or renters authority or something here in Orange County. I imagine many landlords use standardized contracts provided by such an agency

[CALGUY]

In simple terms, what your lease agreement states is you can leave at the end of the lease period without giving notice to the owner.
If you do not vacate at that time, the time that will elapse before a new lease is in force, is called a holdover, and during that holdover time, the rent reverts too a month too month agreement.If you intend to stay in the unit, re-new your lease agreement.
If you have planed to vacate, do it on or before the lease date of expiration.
On the month too month agreement, with a thirty day notice the owner can raise your rent, or terminate your rental agreement.
If you stay longer than the lease date,(holdover period) you may have to come up with additional monies ie. rent raise, raise in the security deposit,if utilities were included in your lease agreement, they may not be in a month too month agreement.
Essentially what is happening is, if you opt to stay put, a whole new agreement is drawn up, and the terms of that agreement may not be the same as they were on your lease agreement.
If you opt to leave on or before the expiration date of the lease agreement, you cannot be charged any additional fees.
Bob.

[christopher q1]

this absolutley helps us a lot...thank you very much

[jennifer mercado]

so the move out of this apartment complex went smooth until we received our 'move-out summary'. part of the charges include rent for november because we did not give a thirty day notice. we did turn in the keys on the first because we did not want to leave them in the drop box, we wanted to hand over keys in person. we called the apartment manager for an explanation of the summary and why we had to pay for november's rent, all she could say is that we did not give a thirty day notice and that it states in our contract that we must give notice of move out even at the end of lease. this is what it states:
NOTICE OF TERMINATION/DEATH: renter shall give Owner 30-days notice of intent to vacate the Premisis and shall be liable of payment of rent through the date of expiration of the notice or if later, until the Premises are vacated. Renter's death shall be deemed notice of termination.
any help here can make a huge difference whether we pay $77 or $2300 in damages...PLEASE HELP!!!

[Troof]

Originally Posted by jennifer mercado

so the move out of this apartment complex went smooth until we received our 'move-out summary'. part of the charges include rent for november because we did not give a thirty day notice. we did turn in the keys on the first because we did not want to leave them in the drop box, we wanted to hand over keys in person. we called the apartment manager for an explanation of the summary and why we had to pay for november's rent, all she could say is that we did not give a thirty day notice and that it states in our contract that we must give notice of move out even at the end of lease. this is what it states:
NOTICE OF TERMINATION/DEATH: renter shall give Owner 30-days notice of intent to vacate the Premisis and shall be liable of payment of rent through the date of expiration of the notice or if later, until the Premises are vacated. Renter's death shall be deemed notice of termination.
any help here can make a huge difference whether we pay $77 or $2300 in damages...PLEASE HELP!!!

This differs from what you presented earlier in the thread as being listed in your contract???