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I just moved into a studio on a month to month lease. It says the tenant may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. The landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date. For clarity, this is in California. Is there anything that stops me from putting in my 30-day move out notice tomorrow and moving out on the specified date, effectively making this a 1 month only rental?
I paid the first month rent + security deposit today, and the rent is to cover 10/15/2013 to 11/15/2013. So if I put in my notice to move out tomorrow, 30 days will cover up until the end of that first month. My intent is to leave this place on 11/11 and I understand that I won't get the portion of the rent from 11/12 to 11/15 back. From what I have found, the landlord has to give me 30 days notice to move out even though he does not need just cause. So even if he gets annoyed that I'm staying for just a month and wants to kick me out, it won't make a difference because I already put in my 30 days notice.
Yes, you can give your 30 day notice today, then count 30 calendar days to move out. The landlord will have to ask you if you want to do a move-out-inspection no sooner than 14 days before your move-out date. If he fails to do this or return your security deposit and/or itemized deductions within 21 days of move-out, you automatically get your full deposit back.
If the LL was to rent the place to someone else between 11/12 and 11/15, he'd have to reimburse your rent for those days, too. Doubtful, though, but that's the law.
Landlords take a chance when they do month-to-month agreements that the tenant will move out immediately. I do month-to-month agreements, but look for tenants who intend to stay at least 1 year. I'm pretty good at sniffing out the short-timers, but once in a while one will trick me. That's how it goes. Nothing illegal about your taking advantage of the 30 day notice.
I'd give notice by email if you've been communicating that way, and also send the letter snail mail with proof of delivery.
How does the number of days work? If I write something up and put it in the mailbox, the landlord will receive it on the 17th. Does the 17th count as day 1 of the notice, and I count 30? Or since it was written and postmarked on the 16th, is that the first day?
How does the number of days work? If I write something up and put it in the mailbox, the landlord will receive it on the 17th. Does the 17th count as day 1 of the notice, and I count 30? Or since it was written and postmarked on the 16th, is that the first day?
It is my understanding that CA courts have recently required (or maybe they just reaffirmed) that tenant notices are held to the same standards as Landlord notices with the exception of posting. So the clock starts the day after you personally serve the notice or they took receipt (via a delivery receipt) of the mailed notice.
I only wanted to rent ~1mo to begin with. I'm in this area for about that long and I have a job starting in another state in mid Nov so I have to move. The plan all along was to find a mo2mo place, move in, then put in the notice right away. The owner never asked me how long I'm planning to stay for during the application process, so I never told him either.
If you send an email, then send the notice by snail mail, too, the clock starts with the e-mail, in my opinion. If you've ever communicated that way in the past, the court should accept that as proper notice. Then, why don't you also send it with overnight mail with proof of delivery. That way you're only 1 day different. Probably not worth him suing you over.
Why couldn't you just stay in a residential hotel for a few weeks? Just seems like kind of a lousy thing to do to the LL
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