Legal Question in Landlord & Tenant Law in California

My landlord is trying to change my lease and I do not want to. If she decides to terminate the lease because I will not comply, i was told that I have 30days to evict and I don't have to pay that months rent and I get my deposit back. is this correct.


Asked on 10/21/11, 2:25 pm

2 Answers from Attorneys

Brian Rosales Harris, Rosales & harris

If you are on a month to month tenancy the landlord can terminate the tenancy with a 30-day notice if you have been there less than 12 months or a 60-day notice if your have been there longer.

You will have to pay the rent through the end of the whichever notice to receive. A service of a 30 day or 60 day notice does not waive the rent. The return of the security deposit is subject to any deductions allowed for under the law such as repairing damage beyond normal wear and tear.

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Answered on 10/21/11, 2:37 pm

Mr. Rosales is completely correct, and I would add that if you move out sooner than required by the notice you are still liable for the rent, and if you stay past the end of the notice you are not only liable for additional rent but for any other damages the landlord can prove they suffered because of your unlawful detainer of the premises.

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Answered on 10/21/11, 4:05 pm


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