Legal Question in Landlord & Tenant Law in California
My daughter and her friends rented an apartment on a fixed term lease which end on 5/31. I received a fax of the lease and everything is neating typed on the lines. Except the addendum page where the new provisions are listed and are typed over the line and slanting up. Everything else is perfect on the page. The girls never received a copy of the lease. The addendum was signed the same day as the lease.Here's what #1 states. If Resident intends to vacate the Premises, Resident MUST give Owner written notice at least thirty (30) days prior of intention to terminate the tenancy and vacate the premises. My question is, since this was a fixed term lease that ends on 5/31, why do they have give thirty days notice. They didn't and now owe an additional $400+, because they didn't notify them until 5/8. So it converted to a month to month. Provision #1 didn't state that this was a fixed term lease provision. It sounds like a standard provision for a month to month lease. This is in San jose ,ca Thanks for your time
1 Answer from Attorneys
Most fixed term leases in California have a provision that they convert to a month-to-month at the end of the term unless one or the other party gives notice that they do not intend to roll it over to month-to-month. So you have to look at the rest of the lease.
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