Legal Question in Landlord & Tenant Law in California

notification of termination of a fixed lease

We were renting an appartment on a 6-month fixed lease, up September 30th. We moved everything out of the appartment and cleaned up a week before our lease was up. When we went to return our keys and ask for a ''walk-through'', the leasors in the front office said that we needed to give them a 60-day written notification that we were going to be leaving by September 30th (the end of our fixed lease). They are holding us to paying for an additional 60 days of rent now!!! We let them know we were leaving at least a week in advance... and they should have known that we were going to be leaving by the end of our fixed lease period because we didn't request a renewal or extension. Do you really have to give a 60 day written notification if you are leaving by the end of a pre-dternined, signed, and agreed-upon 6 month fixed lease?n Can they do this?


Asked on 9/30/05, 1:58 pm

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

Re: notification of termination of a fixed lease

You do not have to give a 60 day notice to leave, unless the lease agreement specifically provides. Otherwise, it's 30 days. In either case, you don't owe them rent for a month. But you should have read the lease, which I'm sure states that you must give 30 days notice before you leave. Just what the damages are caused by your lack of notification is hard to figure. But it's probably not a whole month's rent. Good Luck.

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Answered on 9/30/05, 2:37 pm


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