Legal Question in Landlord & Tenant Law in California

I am an on-site manager at an apartment complex. Therefore, I do not have a lease. I am planning to move and need to know the length of notice I need to serve. I have looked through my employee agreement, and it does not state anything about this. Being that I am not under a lease, do I still need to serve a 30-day notice to move?


Asked on 12/30/09, 12:08 pm

1 Answer from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

You are covered by the same law that applies to anyone with an oral, month-to-month lease. Ordinarily, you need to give 30 days notice. On the other hand, if you have no employment agreement that prevents you from quitting (i.e. you are "at will"), there is nothing to stop you from resigning as the manager. If you move out, immediately, the landlord would suffer no damages, assuming that you do not pay rent, anyway.

Here's the tricky part. What if you give the landlord 30 days notice, and the landlord fires you, as manager, effective immediately? If the situation is not covered in your employment agreement or handbook, you stand the risk of having no job as the manager, but owing the fair market value of the apartment, for your last 30 days.

Check your employment agreement. If it is the typical management agreement, the situation is covered.

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Answered on 1/04/10, 12:22 pm


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