Landlord Requiring 45 Day notice on month to month rental (rental market, how much)

[ssharaf79]

Hello: I am renting a house with a month to month lease agreement and looking to move out (due to nasty landlords). I reviewed the lease agreement and it states requiring a 45 day notice period. Is it legal to require a 45 day notice period in CA when you have a month to month lease with rent due every month ?

Thanks for your answers and help!

regards,
Sam

[beb0p]

Originally Posted by ssharaf79

Hello: I am renting a house with a month to month lease agreement and looking to move out (due to nasty landlords). I reviewed the lease agreement and it states requiring a 45 day notice period. Is it legal to require a 45 day notice period in CA when you have a month to month lease with rent due every month ?

Thanks for your answers and help!

regards,
Sam

If the landlord wants the tenant to move out, the law dictates a minimum time period notice that landlord must give the tenant. However, I don't think there is any hard rule regarding the reverse - when a tenant wants to move out.

So I'm incline to think it's perfectly legal.

.

[Electrician4you]

Originally Posted by beb0p

If the landlord wants the tenant to move out, the law dictates a minimum time period notice that landlord must give the tenant. However, I don't think there is any hard rule regarding the reverse - when a tenant wants to move out.

So I'm incline to think it's perfectly legal.

.

In some states maybe. In California no the LL can't just make up stuff as he pleases. He and the tenant have to follow state law for this situation




On a lease all you legally are required to give is 30 day notice. If you have been there over a year the LL is required to give you 60 day notice. If you have not had a longer than a year tenancy he only has to give 30 day.
If you are under contract you can still break a lease. You just have to pay the rent as the LL tries to find another tenant. It's called mitigation. And he has to actively be looking for a tenant.

You can basically write anything you want in a lease. Enforcing it is another matter. I can write in a lease tenant must give me two months rent as penalty for breaking lease ( unenforceable in California as I must mitigate damages by state law). He signs lease. He leaves early says I'm not paying that because it's illegal for you to charge me because the state law dictates you must mitigate. I have to now go to court to enforce a unenforceable clause. If I just keep his deposit he can take me to court and demand his money back.
Depending how much it's worth to you you can give in and to 45 day notice or you can do the 30 day and see you in court tactic.
Personally I would time the notice mid month so the end date falls on the end of next month. Nothing says you have to give notice after the month end. He's probably trying to charge for a full month on that last 15 days assuming you are giving notice on the 1st. Make sure you demand a prelim and final walk through and again document everything. Just make sure you follow the correct procedure in giving termination notice. I can pretty much guarantee he will keep your deposit and most likely will have to take him to court to get your money back.

[beb0p]

Originally Posted by Electrician4you

In some states maybe. In California no the LL can't just make up stuff as he pleases. He and the tenant have to follow state law for this situation

Yes, and the state law says to abide by what's written in the agreement:

If your rental agreement specifies a different amount of notice (for example 10 days), you must give the landlord written notice as required by the agreement

California Tenants - California Department of Consumer Affairs

So actually the answer is yes, landlord CAN make up stuff as he pleases as long as the tenant agrees to it. There is no law against dumb contracts.

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[Hemlock140]

Originally Posted by beb0p

Yes, and the state law says to abide by what's written in the agreement:



So actually the answer is yes, landlord CAN make up stuff as he pleases as long as the tenant agrees to it. There is no law against dumb contracts.

.

As is usual in this kind of question, the best advice is for people to read their lease agreement before they sign it.

[rca215]

Originally Posted by Hemlock140

As is usual in this kind of question, the best advice is for people to read their lease agreement before they sign it.

And to compare your lease to the standard city lease prior to signing it.

That said, some people are desperate and the rental market is crazy, so I symp/empathize for those who were not able.