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I have a headache question. My current 1-year lease ends at the end of July and I was talking to my landlord that I need to move out at the end of August like 10 days ago(email). He did not say anything and just said he will try to find a new tenant. Today he emailed me that he will need me to move out at the end of July. Is there anyway I can stay? I am willing to pay more money.
Here is what I found on ca.gov website:
If you continue living in the rental after the lease expires, and if the landlord accepts rent from you, your tenancy will be a periodic tenancy from that point on. The length of time between your rent payments will determine the type of the tenancy (for example, monthly rent results in a month-to-month tenancy). Except for the length of the agreement, all other provisions of the lease will remain in effect.[URL="http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml#footnote272"]272[/URL] Sometimes, a landlord will give a tenant a 30-day notice before the lease ends to be certain that the tenancy does not continue after the lease expires.[URL="http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml#footnote273"]273[/URL]
Your landlord gave you written notice to vacate at the end of your lease. That's really all she wrote. You can't force the landlord to let you stay.
And if you stay beyond the end of the lease, the landlord can then start eviction proceedings. Totally legal. And you'll get a bad reference. And you definitely don't want to end up in an eviction situation, which will go on an eviction report.
Sorry not to give you good news, but you're going to have to move. You can't legally stay.
The law you quoted is regarding what happens when you stay after a lease ----with permission from the landlord, and if you don't sign a new lease, but again, with permission from the landlord. Different story from your situation.
It sounds as though your landlord was expecting you would stay but, when you confirmed you wouldn't be renewing your lease but also wanted to extend your stay a month beyond the end of lease date, indicated he would try and work with you and find a new tenant. It would seem he's found a tenant who wants to move in on or about August 1st. But none of that matters. Your lease is up at the end of this month, the landlord can't accommodate your request for an extra month, so that's that.
As pointed out, the clause you're referencing isn't applicable in this case. Hopefully you have plenty of time to make arrangements to see you through that month's gap.
I don't really understand why it's ok for the LL not to give tenant full 30days notice that they want them out. Based on the date the OP posted, which would be July 5th, he says LL told him that day that he wanted him out by end of month. OP says he was in contact 10 days prior about leaving end of August. Not saying LL had to agree with that, but shouldn't he have notified by July 1st that they had to be out end of July?
I don't really understand why it's ok for the LL not to give tenant full 30days notice that they want them out. Based on the date the OP posted, which would be July 5th, he says LL told him that day that he wanted him out by end of month. OP says he was in contact 10 days prior about leaving end of August. Not saying LL had to agree with that, but shouldn't he have notified by July 1st that they had to be out end of July?
In some states, either party must give 30 days notice at the end of the lease(even though it has an end date) in order to vacate. In some states the lease ends when it ends with no notice necessary. I believe in California the lease ends on the end date with no notice necessary. The OP will have to research the specific statutes.
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