OT: Tenant Law in CA

[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.”

[MLG]

SD Transplant

I got hosed on this exact issue years ago. I had to pay way too much money for not understanding this, and giving my notice too late. If your lease expires on Jan 31, 2011, you need to provide written notice on January 1, 2011, 30 days prior to moving. Even though the lease explicity says it ends on January 31, even though you’ve already paid for January rent.

W/o that notice, the lease automatically reverts to a month to month tenancy on Feb 1. Read your lease, there is probably a clause in some cryptic legalese that specifically mentions this reverting to month to month.

It makes sense from a landlord’s perspective, in that, they want to market the property and let prospective tenants know the exact date it’s available, which they can’t do w/o your notice. That being said, I think it’s a shady practice.

As a mom and pop landlord myself, I’m always in communication w/ tenants 1-2 months before lease expiration to find out their intentions. I always make sure they understand to provide this notice if they plan on moving out at lease expiration.

[MLG]

SD Transplant

I got hosed on this exact issue years ago. I had to pay way too much money for not understanding this, and giving my notice too late. If your lease expires on Jan 31, 2011, you need to provide written notice on January 1, 2011, 30 days prior to moving. Even though the lease explicity says it ends on January 31, even though you’ve already paid for January rent.

W/o that notice, the lease automatically reverts to a month to month tenancy on Feb 1. Read your lease, there is probably a clause in some cryptic legalese that specifically mentions this reverting to month to month.

It makes sense from a landlord’s perspective, in that, they want to market the property and let prospective tenants know the exact date it’s available, which they can’t do w/o your notice. That being said, I think it’s a shady practice.

As a mom and pop landlord myself, I’m always in communication w/ tenants 1-2 months before lease expiration to find out their intentions. I always make sure they understand to provide this notice if they plan on moving out at lease expiration.

[MLG]

SD Transplant

I got hosed on this exact issue years ago. I had to pay way too much money for not understanding this, and giving my notice too late. If your lease expires on Jan 31, 2011, you need to provide written notice on January 1, 2011, 30 days prior to moving. Even though the lease explicity says it ends on January 31, even though you’ve already paid for January rent.

W/o that notice, the lease automatically reverts to a month to month tenancy on Feb 1. Read your lease, there is probably a clause in some cryptic legalese that specifically mentions this reverting to month to month.

It makes sense from a landlord’s perspective, in that, they want to market the property and let prospective tenants know the exact date it’s available, which they can’t do w/o your notice. That being said, I think it’s a shady practice.

As a mom and pop landlord myself, I’m always in communication w/ tenants 1-2 months before lease expiration to find out their intentions. I always make sure they understand to provide this notice if they plan on moving out at lease expiration.

[MLG]

SD Transplant

I got hosed on this exact issue years ago. I had to pay way too much money for not understanding this, and giving my notice too late. If your lease expires on Jan 31, 2011, you need to provide written notice on January 1, 2011, 30 days prior to moving. Even though the lease explicity says it ends on January 31, even though you’ve already paid for January rent.

W/o that notice, the lease automatically reverts to a month to month tenancy on Feb 1. Read your lease, there is probably a clause in some cryptic legalese that specifically mentions this reverting to month to month.

It makes sense from a landlord’s perspective, in that, they want to market the property and let prospective tenants know the exact date it’s available, which they can’t do w/o your notice. That being said, I think it’s a shady practice.

As a mom and pop landlord myself, I’m always in communication w/ tenants 1-2 months before lease expiration to find out their intentions. I always make sure they understand to provide this notice if they plan on moving out at lease expiration.

[MLG]

SD Transplant

I got hosed on this exact issue years ago. I had to pay way too much money for not understanding this, and giving my notice too late. If your lease expires on Jan 31, 2011, you need to provide written notice on January 1, 2011, 30 days prior to moving. Even though the lease explicity says it ends on January 31, even though you’ve already paid for January rent.

W/o that notice, the lease automatically reverts to a month to month tenancy on Feb 1. Read your lease, there is probably a clause in some cryptic legalese that specifically mentions this reverting to month to month.

It makes sense from a landlord’s perspective, in that, they want to market the property and let prospective tenants know the exact date it’s available, which they can’t do w/o your notice. That being said, I think it’s a shady practice.

As a mom and pop landlord myself, I’m always in communication w/ tenants 1-2 months before lease expiration to find out their intentions. I always make sure they understand to provide this notice if they plan on moving out at lease expiration.

[SD Realtor]

Rus and Eugene you may be correct but I have always given notice as a tenant regtardless of the lease or rental agreement. Like the previous poster I went to small claims court and lost on this issue. However it was about 25 years ago and I was not into real estate and did not know the exact law. However the landlord deducted an extra 14 days of prorated rent out of my deposit and won when we were in court. As a mom and pop landlord myself I let it slide because I have good tenants and they have all let me know ahead of time for the most part via email which I would presume is an admissable notice.

[SD Realtor]

Rus and Eugene you may be correct but I have always given notice as a tenant regtardless of the lease or rental agreement. Like the previous poster I went to small claims court and lost on this issue. However it was about 25 years ago and I was not into real estate and did not know the exact law. However the landlord deducted an extra 14 days of prorated rent out of my deposit and won when we were in court. As a mom and pop landlord myself I let it slide because I have good tenants and they have all let me know ahead of time for the most part via email which I would presume is an admissable notice.

[SD Realtor]

Rus and Eugene you may be correct but I have always given notice as a tenant regtardless of the lease or rental agreement. Like the previous poster I went to small claims court and lost on this issue. However it was about 25 years ago and I was not into real estate and did not know the exact law. However the landlord deducted an extra 14 days of prorated rent out of my deposit and won when we were in court. As a mom and pop landlord myself I let it slide because I have good tenants and they have all let me know ahead of time for the most part via email which I would presume is an admissable notice.

[SD Realtor]

Rus and Eugene you may be correct but I have always given notice as a tenant regtardless of the lease or rental agreement. Like the previous poster I went to small claims court and lost on this issue. However it was about 25 years ago and I was not into real estate and did not know the exact law. However the landlord deducted an extra 14 days of prorated rent out of my deposit and won when we were in court. As a mom and pop landlord myself I let it slide because I have good tenants and they have all let me know ahead of time for the most part via email which I would presume is an admissable notice.

[SD Realtor]

Rus and Eugene you may be correct but I have always given notice as a tenant regtardless of the lease or rental agreement. Like the previous poster I went to small claims court and lost on this issue. However it was about 25 years ago and I was not into real estate and did not know the exact law. However the landlord deducted an extra 14 days of prorated rent out of my deposit and won when we were in court. As a mom and pop landlord myself I let it slide because I have good tenants and they have all let me know ahead of time for the most part via email which I would presume is an admissable notice.

[EconProf]

All this is a reminder to tenants to READ THOROUGHLY the lease before signing. It might be wise, upon agreeing to rent, to ask the LL for a blank copy of the lease to take home and examine it. If a clause looks wrong, you can negotiate alternative language. Don’t be intimidated by the fact that it is preprinted, don’t accept that “we can’t change that”…it is a contract that can be mutually altered by inserting the new language & both parties initialing the change.
There is a honeymoon atmosphere when a new tenant and new LL come to an agreement. They both like each other, they both assume the best will happen, and they both let their guard down. In their future together, crap will happen, and that written and signed document will control what happens. Don’t take it for granted.
I have 34 apartment units, professionally managed, and we start with a 6 or 12 month lease that reverts to month-to-month if neither party gives notice. Some LL’s ask for a new lease upon expiration of the first, but I think that handicaps both parties. The tenant may only want to stay a few more months, and I’d rather keep them for that short a time rather than replace them immediately. At the same time, I want to have a month-to-month arrangement instead of a lease if they turn crappy and I need to give them notice.

[EconProf]

All this is a reminder to tenants to READ THOROUGHLY the lease before signing. It might be wise, upon agreeing to rent, to ask the LL for a blank copy of the lease to take home and examine it. If a clause looks wrong, you can negotiate alternative language. Don’t be intimidated by the fact that it is preprinted, don’t accept that “we can’t change that”…it is a contract that can be mutually altered by inserting the new language & both parties initialing the change.
There is a honeymoon atmosphere when a new tenant and new LL come to an agreement. They both like each other, they both assume the best will happen, and they both let their guard down. In their future together, crap will happen, and that written and signed document will control what happens. Don’t take it for granted.
I have 34 apartment units, professionally managed, and we start with a 6 or 12 month lease that reverts to month-to-month if neither party gives notice. Some LL’s ask for a new lease upon expiration of the first, but I think that handicaps both parties. The tenant may only want to stay a few more months, and I’d rather keep them for that short a time rather than replace them immediately. At the same time, I want to have a month-to-month arrangement instead of a lease if they turn crappy and I need to give them notice.

[EconProf]

All this is a reminder to tenants to READ THOROUGHLY the lease before signing. It might be wise, upon agreeing to rent, to ask the LL for a blank copy of the lease to take home and examine it. If a clause looks wrong, you can negotiate alternative language. Don’t be intimidated by the fact that it is preprinted, don’t accept that “we can’t change that”…it is a contract that can be mutually altered by inserting the new language & both parties initialing the change.
There is a honeymoon atmosphere when a new tenant and new LL come to an agreement. They both like each other, they both assume the best will happen, and they both let their guard down. In their future together, crap will happen, and that written and signed document will control what happens. Don’t take it for granted.
I have 34 apartment units, professionally managed, and we start with a 6 or 12 month lease that reverts to month-to-month if neither party gives notice. Some LL’s ask for a new lease upon expiration of the first, but I think that handicaps both parties. The tenant may only want to stay a few more months, and I’d rather keep them for that short a time rather than replace them immediately. At the same time, I want to have a month-to-month arrangement instead of a lease if they turn crappy and I need to give them notice.

[EconProf]

All this is a reminder to tenants to READ THOROUGHLY the lease before signing. It might be wise, upon agreeing to rent, to ask the LL for a blank copy of the lease to take home and examine it. If a clause looks wrong, you can negotiate alternative language. Don’t be intimidated by the fact that it is preprinted, don’t accept that “we can’t change that”…it is a contract that can be mutually altered by inserting the new language & both parties initialing the change.
There is a honeymoon atmosphere when a new tenant and new LL come to an agreement. They both like each other, they both assume the best will happen, and they both let their guard down. In their future together, crap will happen, and that written and signed document will control what happens. Don’t take it for granted.
I have 34 apartment units, professionally managed, and we start with a 6 or 12 month lease that reverts to month-to-month if neither party gives notice. Some LL’s ask for a new lease upon expiration of the first, but I think that handicaps both parties. The tenant may only want to stay a few more months, and I’d rather keep them for that short a time rather than replace them immediately. At the same time, I want to have a month-to-month arrangement instead of a lease if they turn crappy and I need to give them notice.

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