Legal Question in Landlord & Tenant Law in California
30 day notice
I am being charged for a months rent even though I gave 60 days notice to my landlord. They state they never received even though I hand delivered it 60 days in advance and faxed it twice during the last 30 days. Now they want to charge me for a months rent even though I moved the day my lease was up. What are my rights? How can I make sure they don't charge me and hurt my credit?
1 Answer from Attorneys
Re: 30 day notice
If your lease was up and you move, you don't have to give any notice. If you stay after your lease ends, you become a month to month tenant and then you have to give notice to terminate the tenancy.
You only have to give a 30-day notice if you are a month to month tenant. The landlord would have to give you a 60-day notice if you were month-to-month and had lived there a year or more.
The landlord should have offered you a preliminary move-out inspection before your lease ended. If he didn't, you can contest any deductions from your deposit for damages you could have repaired. If he deducts anything for rent after the lease ended and you moved out, file in small claims court.