OT: Tenant Law in CA

[SD Realtor]

Lets see if I can spell this out a little more clearly.

You must give your landlord notice. That notice must be the same as the intervals in which you pay rent. If you pay rent monthly, you need to give 30 day notice. If you pay rent weekly you must give a 7 day notice.

Eugene you seem like a bright chap and I am sure you have as many tenants as Econprof. Most leases actually contain a hard to find area that specifies the periodic rent payment. This is defined as the time between rents. This is the same period as which you will need to give notice.

Tell you guys what, the OP can follow your advice or my advice and let’s see where he comes out.

Additionally the LR form you are referring to Rus also specifies a period of payment to it as well. I believe at the end of the lease where it talks about the inspection for moving out, it states that the tenant shall give the landlord a notice of termination of tenancy, form NTT.

[NotCranky]

Adam, It looks like the NTT is for month-to-month and in the case of month-to-month is a requirement to secure the right to a pre-move out inspection and repair form NRI.

The lease coming to an end also secures a pre-move-out inspection and repairs.

Not saying you aren’t right, but I still don’t see it and I don’t know why it would be written in another area of the contract in conflict with the lease language I quoted earlier. That doesn’t make sense?

[NotCranky]

Adam, It looks like the NTT is for month-to-month and in the case of month-to-month is a requirement to secure the right to a pre-move out inspection and repair form NRI.

The lease coming to an end also secures a pre-move-out inspection and repairs.

Not saying you aren’t right, but I still don’t see it and I don’t know why it would be written in another area of the contract in conflict with the lease language I quoted earlier. That doesn’t make sense?

[NotCranky]

Adam, It looks like the NTT is for month-to-month and in the case of month-to-month is a requirement to secure the right to a pre-move out inspection and repair form NRI.

The lease coming to an end also secures a pre-move-out inspection and repairs.

Not saying you aren’t right, but I still don’t see it and I don’t know why it would be written in another area of the contract in conflict with the lease language I quoted earlier. That doesn’t make sense?

[NotCranky]

Adam, It looks like the NTT is for month-to-month and in the case of month-to-month is a requirement to secure the right to a pre-move out inspection and repair form NRI.

The lease coming to an end also secures a pre-move-out inspection and repairs.

Not saying you aren’t right, but I still don’t see it and I don’t know why it would be written in another area of the contract in conflict with the lease language I quoted earlier. That doesn’t make sense?

[NotCranky]

Adam, It looks like the NTT is for month-to-month and in the case of month-to-month is a requirement to secure the right to a pre-move out inspection and repair form NRI.

The lease coming to an end also secures a pre-move-out inspection and repairs.

Not saying you aren’t right, but I still don’t see it and I don’t know why it would be written in another area of the contract in conflict with the lease language I quoted earlier. That doesn’t make sense?

[PCinSD]

I didn’t read all the responses, but . . . The OP doesn’t say whether he/she has a month-to-month lease, or for a fixed period – say one year. If a month-to-month, then one needs to give 30 days notice.

If you have a lease for a fixed period of one year, your lease expires pursuant to that contract at the end of that year. No notice needed, as the tenancy expiration is already stated in the contract. It is not “periodic” as a month-to-month is. (Nobody signs up for a “year-to-year” lease).

By the way, the link that keeps being referred to only applies to periodic tenancies. Those are a completely different animal than a fixed term lease.

[PCinSD]

I didn’t read all the responses, but . . . The OP doesn’t say whether he/she has a month-to-month lease, or for a fixed period – say one year. If a month-to-month, then one needs to give 30 days notice.

If you have a lease for a fixed period of one year, your lease expires pursuant to that contract at the end of that year. No notice needed, as the tenancy expiration is already stated in the contract. It is not “periodic” as a month-to-month is. (Nobody signs up for a “year-to-year” lease).

By the way, the link that keeps being referred to only applies to periodic tenancies. Those are a completely different animal than a fixed term lease.

[PCinSD]

I didn’t read all the responses, but . . . The OP doesn’t say whether he/she has a month-to-month lease, or for a fixed period – say one year. If a month-to-month, then one needs to give 30 days notice.

If you have a lease for a fixed period of one year, your lease expires pursuant to that contract at the end of that year. No notice needed, as the tenancy expiration is already stated in the contract. It is not “periodic” as a month-to-month is. (Nobody signs up for a “year-to-year” lease).

By the way, the link that keeps being referred to only applies to periodic tenancies. Those are a completely different animal than a fixed term lease.

[PCinSD]

I didn’t read all the responses, but . . . The OP doesn’t say whether he/she has a month-to-month lease, or for a fixed period – say one year. If a month-to-month, then one needs to give 30 days notice.

If you have a lease for a fixed period of one year, your lease expires pursuant to that contract at the end of that year. No notice needed, as the tenancy expiration is already stated in the contract. It is not “periodic” as a month-to-month is. (Nobody signs up for a “year-to-year” lease).

By the way, the link that keeps being referred to only applies to periodic tenancies. Those are a completely different animal than a fixed term lease.

[PCinSD]

I didn’t read all the responses, but . . . The OP doesn’t say whether he/she has a month-to-month lease, or for a fixed period – say one year. If a month-to-month, then one needs to give 30 days notice.

If you have a lease for a fixed period of one year, your lease expires pursuant to that contract at the end of that year. No notice needed, as the tenancy expiration is already stated in the contract. It is not “periodic” as a month-to-month is. (Nobody signs up for a “year-to-year” lease).

By the way, the link that keeps being referred to only applies to periodic tenancies. Those are a completely different animal than a fixed term lease.

[Eugene]

[quote=SD Realtor]Lets see if I can spell this out a little more clearly.

You must give your landlord notice. That notice must be the same as the intervals in which you pay rent. If you pay rent monthly, you need to give 30 day notice. If you pay rent weekly you must give a 7 day notice.

Eugene you seem like a bright chap and I am sure you have as many tenants as Econprof. Most leases actually contain a hard to find area that specifies the periodic rent payment. This is defined as the time between rents. This is the same period as which you will need to give notice.
[/quote]

Negative.

Even if a lease specifies time between rents, it’s still a lease and not a periodic rental agreement. The section of the law that creates the notice requirement (California Civil Code section 1946) ONLY applies to rental agreements “for a term not specified by the parties”.

I went and found two of my old lease agreements. Like I said, both of them say explicitly, near the very end, in boldface: “Unless written notice of election not to renew is given by either party thirty (30) days before the expiration of this lease, this lease shall be automatically renewed at a new rate, if applicable, on a moth-to-moth basis which shall require thirty (30) days’ prior written notice.”

[Eugene]

[quote=SD Realtor]Lets see if I can spell this out a little more clearly.

You must give your landlord notice. That notice must be the same as the intervals in which you pay rent. If you pay rent monthly, you need to give 30 day notice. If you pay rent weekly you must give a 7 day notice.

Eugene you seem like a bright chap and I am sure you have as many tenants as Econprof. Most leases actually contain a hard to find area that specifies the periodic rent payment. This is defined as the time between rents. This is the same period as which you will need to give notice.
[/quote]

Negative.

Even if a lease specifies time between rents, it’s still a lease and not a periodic rental agreement. The section of the law that creates the notice requirement (California Civil Code section 1946) ONLY applies to rental agreements “for a term not specified by the parties”.

I went and found two of my old lease agreements. Like I said, both of them say explicitly, near the very end, in boldface: “Unless written notice of election not to renew is given by either party thirty (30) days before the expiration of this lease, this lease shall be automatically renewed at a new rate, if applicable, on a moth-to-moth basis which shall require thirty (30) days’ prior written notice.”

[Eugene]

[quote=SD Realtor]Lets see if I can spell this out a little more clearly.

You must give your landlord notice. That notice must be the same as the intervals in which you pay rent. If you pay rent monthly, you need to give 30 day notice. If you pay rent weekly you must give a 7 day notice.

Eugene you seem like a bright chap and I am sure you have as many tenants as Econprof. Most leases actually contain a hard to find area that specifies the periodic rent payment. This is defined as the time between rents. This is the same period as which you will need to give notice.
[/quote]

Negative.

Even if a lease specifies time between rents, it’s still a lease and not a periodic rental agreement. The section of the law that creates the notice requirement (California Civil Code section 1946) ONLY applies to rental agreements “for a term not specified by the parties”.

I went and found two of my old lease agreements. Like I said, both of them say explicitly, near the very end, in boldface: “Unless written notice of election not to renew is given by either party thirty (30) days before the expiration of this lease, this lease shall be automatically renewed at a new rate, if applicable, on a moth-to-moth basis which shall require thirty (30) days’ prior written notice.”

[Eugene]

[quote=SD Realtor]Lets see if I can spell this out a little more clearly.

You must give your landlord notice. That notice must be the same as the intervals in which you pay rent. If you pay rent monthly, you need to give 30 day notice. If you pay rent weekly you must give a 7 day notice.

Eugene you seem like a bright chap and I am sure you have as many tenants as Econprof. Most leases actually contain a hard to find area that specifies the periodic rent payment. This is defined as the time between rents. This is the same period as which you will need to give notice.
[/quote]

Negative.

Even if a lease specifies time between rents, it’s still a lease and not a periodic rental agreement. The section of the law that creates the notice requirement (California Civil Code section 1946) ONLY applies to rental agreements “for a term not specified by the parties”.

I went and found two of my old lease agreements. Like I said, both of them say explicitly, near the very end, in boldface: “Unless written notice of election not to renew is given by either party thirty (30) days before the expiration of this lease, this lease shall be automatically renewed at a new rate, if applicable, on a moth-to-moth basis which shall require thirty (30) days’ prior written notice.”

[Author]

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