Legal Question in Landlord & Tenant Law in California

I am under the impression that this lease section means March 1st I am no longer responsible for this lease. When I gave my landlord my address to return the security deposit to she told me I owe for march because I didn't give a thirty day notice. Why would I give a 30 day notice if march 1st the lease "shall terminate without further notice". (I asked this question before and was told I did not owe for March but left out part of the terms on accident..)

TERM: The term of this Agreement is for 6 months, beginning on 09/01/2010 and ending on 03/01/2011, at which time this Lease shall terminate without further notice. Any holding over thereafter shall result in Resident being liable to Owner/Agent for daily rental damages equal to the current market value of the unit, divided by 30. A "month-to-month" tenancy subject to the terms and conditions of this agreement shall be created only if Owner/Agent accepts rent from Resident thereafter, and if so accepted, tenancy may be terminated by Resident after service upon the Owner/Agent of a written 30-day Notice of Termination. Except as prohibited by law, that month-to-month tenancy may be terminated by the Owner/Agent by service upon the Resident of a written 60-day notice of termination of tenancy. However, Civil Code Section 1946.1 provides that "if any tenant or resident has resided in the dwelling for less than one year", the Owner/Agent may terminate the tenancy by service upon the Resident of a written 30-day notice.


Asked on 2/24/11, 10:40 pm

1 Answer from Attorneys
Brian Rosales Harris, Rosales & harris

You have read the term correctly. It means what it says. The lease ends with no notice. You do not have to give any notice to terminate the tenancy. It only goes to month to month if you stay and the lanlord accepts rent from you. If you leave on or before the expiration date, you do not owe any rent to the landlord.

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Answered on 2/25/11, 1:29 pm


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