Legal Question in Landlord & Tenant Law in California

I am an international student. On Sep.30, 2011, I and my friend,who is also an international student, met my landlord and made contract under my pastor's co-signed. This contract contained three tenants including my friend, and another friend who would come into the states in a few days. We moved here on Oct. 2. On Nov.26,2011, My roommate's sister came to the unit, so the landlord increased our rent $1400 to $1550.

On June 4th, the landlord asked us to renew our contract. We did not want to renew it and we will move out upon the lease termination date 10/02/2012.

On Sep 1st. 2012, when giving a rent, we showed our will that we will move out next month. We thought we were done at that time. But the landlord stated we, tenants, must stay until 11/02 since there was no written notice to vacate filled out from us. We were never informed of the move out guidelines and did not know that this was a violate of the contract. So we have lived for Oct. And the landlord mentioned nothing about written notice when giving a rent for Oct. And the landlord knew that we, tenants, will move out. On Oct.24, the landlord asked us to send written notice. So I sent the written notice that day. And now, the landlord insists that we should stay one more month.

Do we have to pay Nov. rent and request Oct. rent $1550 for reimburse the rent payment?


Asked on 10/30/12, 1:25 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Without reviewing you lease agreement it is difficult to give you a definitive answer. However, under most circumstances there is no obligation to give written notice at the end of the lease when you are not planning to stay over. The notice is usually necessary when you want to stay, not when you want to move. It seems like your landlord has conned you.

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Answered on 10/30/12, 1:49 pm


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