Legal Question in Landlord & Tenant Law in California

30 Day Notice when lease is up.

I have a tenant that has signed a one year lease that expires on Dec 31st. The tenant has just given notice on Dec 15th that he will not be renewing the lease and will be moving out on Jan 1st. The lease itself does not state that a 30 day notice must be given if there is no intention of resigning the lease. Is there any obligation to provide a 30 day notice and be responsible for payment through Jan 15th? Or is their liability only through the stated term of the lease? If so, is there any legal documentation to back this up?

Thank you

Cap


Asked on 12/16/05, 3:52 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: 30 Day Notice when lease is up.

If your tenant does not vacate on December 31st, then he owes rent for each day he holds over. If he intends to stay until January 15th, he should pay you a prorated amount beginning on January 1st. If he does not pay, you have a claim against him, or may deduct it from his security deposit. Good luck.

Read more
Answered on 12/16/05, 4:49 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California