Legal Question in Real Estate Law in California

Renting

After the first week of this month(May), the person who rents us his house told us that we have to move by the end of May, but we already pay the rent for this month. We haven't found a new house to move to. Some people have told us that we are suppose to have 3 more months after May to look for a house. My question is how much time does the law says we can have after May or after the last month we payed the rent? I hope that you can help me, thank you for your time.


Asked on 5/13/02, 6:21 pm

3 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Renting

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

If you have a lease, you have until the end of the lease term. (No notice is required.) If you are already holding over on a lease or don't have a lease you are entitled to notice equal to the rent payment period (weekly, monthly, etc.). The notice does not have to be given on the date rent is due; it can be given anytime.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 5/14/02, 6:58 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Renting

It depends on what your rental agreement says.

If you have a lease, you are entitled to stay undil the end of the lease term ... in other words if your lease agreement says you have until April 30, 2003, you will not be required to move before that, unless you fail to pay rent or other good reason.

If you are simply on a month-to-month rental, you are entitled to 30 days written notice of a termination of tenancy.

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Answered on 5/13/02, 6:37 pm
Victor Hobbs Victor E. Hobbs

Re: Renting

Normally leases convert to month to month tenancy when the lease expires. So the landlord has to serve you with a '30 day notice to quit.'

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Answered on 5/13/02, 8:52 pm


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