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Old 01-08-2014, 11:53 AM
 
6 posts, read 12,959 times
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Hello and thanks in advance for helping out.

I am nearing the end of my one year lease and wanted to know if I can give my 30 day notice before the lease expires on 1/22/14?

the lease agreement does not make it clear if I can give my notice during the last 30 days of the agreement or if I have to wait until it ends. It does say that I need express consent of my landlord to stay past the last day of the lease and after that it goes to month-to-month.

Does anyone know the answer or where I can find this information? The CA Office of Consumer affairs gives plenty of info about leaving a month-to-month agreement but I could not find the answer to my question there.

Thanks for reading,

Aimee
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Old 01-08-2014, 12:19 PM
 
11,304 posts, read 13,465,564 times
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What does your lease say as far as '30 day notice'? Please post the exact lease wording.

If 30 day notice is required, then you might have to pay rent until a full 30 days after you gave notice. Since it's less than 30 days until 1/22, you should give notice asap.

The key issue here is whether 30 day notice is required. That's why you need to post the lease wording here. Lots of landlords post here and they can help decipher what it means.

However, if if it's not required, it sure would be great if you give such notice so there are no surprises later. So yes, you CAN give notice before your lease expires, even if it's not required. Landlord would really like to know, I am sure. Surprised they didn't contact you by now to check.
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Old 01-08-2014, 12:31 PM
 
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Thanks sware2cod.

The lease says:

"Termination/Holding Over. Lessee has no right to hold over after expiration of the term of this lease without the express consent of Lessor. Any holding over after expiration of the term by the Lessee without Lessor's expressed consent shall be deemed a tenancy at sufferance only. If Lessee hold over with the express consent of lessor or after acceptance of rent for a rental period after the date of expiration of the original term, a month-to-month tenancy on all terms of this lease applicable to such a tenancy call be created pursuant to California Civil Code 1945.

"On a month-to-month basis, the tenancy is terminable by giving 30-day written notice to the other party if the tenancy is one year or less. If the tenancy is more than one year, it is terminable by Lessor giving 60-day notice to Lessee or by Lessee giving 30-day written notice to Lessor. In the absence of any written communication between the parties, the residency shall continue on a month-to-month basis including any changes to the terms and conditions including but not limited to, rent adjustment, that were made by Lessor with proper written notice."

Then it goes on to "Termination: Initial Inspection" and "Termination Final Inspection"

Just to be clear, I haven't found a new place to move into, I just want to know if I can start looking for a new place yet.
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Old 01-08-2014, 01:47 PM
 
Location: Boise, ID
7,729 posts, read 20,064,578 times
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I would say call your landlord and check. It almost sounds to me like you HAVE to move at the end of your lease unless you get permission from the landlord to stay. But it also kind of sounds like you can give 30 days notice any time from then on. My guess is that if you gave notice today, it would be for a February 7th move out.
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Old 01-08-2014, 02:31 PM
 
Location: Austin, TX
16,371 posts, read 35,720,201 times
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The requirement to give a 30 day notice typically means you must give notice at least 30 days (or more) before the date when you intend to end the lease. You say your lease expires on 1/22/14, do you normally pay your rent on the 23rd of the month or the 1st of the month. I'm asking because most leases, even if they began on 1/22/14, require rent to be paid on the 1st of the month or close to it thereafter.

If your rent is due on the 23rd, then typically you would have been expected to give notice that you were going to move out 30 days before that. Which would probably have been Dec. 24th if I counted correctly.

If your rent is due on the Jan. 23rd, and you give 30+ days notice now, it would typically be with the intention of moving out by Feb. 22nd.

If your rent is due on the first of the month, Feb. 1, you could give 30+ days notice now with the intention of moving out by the end of February.

State clearly in the written notice that you provide to the landlord what the date is that you intend to move out by.
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Old 01-08-2014, 02:34 PM
 
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The lease does make it sound like we have to leave, but when we moved in the manager said we would just move to a month-to-month tenancy at the end of the lease, so I don't think that's an issue. But the wording is really strong.

I have emailed our manager and am waiting for an answer. Just thought it would be good to have some knowledge from other sources as well.

Thanks Lacerta!
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Old 01-08-2014, 02:37 PM
 
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We pay our rent on the first of each month. Once we find a place to move into we were going to give 30 days notice from that date, assuming that they'll prorate our last month's partial rent, just like they prorated our first month's partial rent.

Thanks CptnRn!
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Old 01-08-2014, 04:04 PM
 
Location: Back in Santa Clara County - Yay!
13,427 posts, read 16,043,173 times
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OP, the wording of your lease is clear that your tenancy ends at the end of your lease. So, you don't have to give 30 days notice.

If I was you, though, I'd go ahead and email the office and just reiterate that you will be leaving at the end of your lease.

Right now, all of the power of whether or not you can stay beyond the end of your lease belongs to the LL. If the landlord accepts rent for Feb, then you have a month-to-month agreement at that point going forward. If the landlord gives you express permission to move onward to a month-to-month agreement, you can do so.

If you don't get express permission to stay, and the LL refuses your rent payment on the 1st, you can be evicted as a holdover tenant.

At any rate, if you want to leave on the 22nd, you can do so without a full 30 days notice.

I'd email this, if you want to just end the tenancy on the 22nd:

Dear LL:

As you know our lease ends on 1/22. Although the lease does not require it, we just wanted to do you the courtesy of letting you know we do not intend to ask you to extend the lease beyond the termination date of 1/22.

Please forward our security deposit to the address below.

Cheers,

You
Your Forwarding Address
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Old 01-08-2014, 04:57 PM
 
Location: Austin, TX
16,371 posts, read 35,720,201 times
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Quote:
Originally Posted by littlewing220 View Post
We pay our rent on the first of each month. Once we find a place to move into we were going to give 30 days notice from that date, assuming that they'll prorate our last month's partial rent, just like they prorated our first month's partial rent.

Thanks CptnRn!
Most landlords do not prorate the last months rent. But the information below indicates that might be possible in CA.

You should read the information here on "moving out". Landlord/Tenant Book Index - California Department of Consumer Affairs

Actually anyone who is a renter should read everything there.
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Old 01-08-2014, 05:02 PM
 
Location: Back in Santa Clara County - Yay!
13,427 posts, read 16,043,173 times
Reputation: 21968
Quote:
Originally Posted by CptnRn View Post
Most landlords do not prorate the last months rent. But the information below indicates that might be possible in CA.

You should read the information here on "moving out". Landlord/Tenant Book Index - California Department of Consumer Affairs

Actually anyone who is a renter should read everything there.
Yes, California lets tenants and landlords give 30 calendar days notice. So, if you were to give notice on the 15th of the month, you could move out the 15th of the following month, and only pay 15 days rent for that month (prorated).
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