Legal Question in Landlord & Tenant Law in California
I have a tenant whose lease expired July 15. I have asked the tenant if they are going to sign a new lease. The tenant has said they intend to move out of the country sometime in the future. If the tenant does not wish to sign a lease, do I just send them a 30 day notice of my intent to end the month to month tenancy? How long do I have to wait before sending them a notice to end tenancy?
2 Answers from Attorneys
Depending upon how long they have lived in the rental property, you may have to give them sixty, not thirty day's notice to terminate their tenancy. If they have lived in the property less-than one full year, then you may give them thirty days' notice. If they have lived there one-year or more, then you must give them sixty days' notice to terminate tenancy. You can also simply let them remain in place and rent month-to-month until they elect to leave. They are required to give you only a thirty day notice before they leave, but there really is no penalty to them, aside from being liable for 30 days' rent, for not giving you notice, but it may be worth keeping them. The advantage of them renting month-to-month is you can increase the rent as you see fit on only 30 days' notice.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."
The 30 or 60 day period starts the day after you give them notice in writing, not at the end of the month only. Since they are going to move out of the country, they are essentially judgment proof so you have to have at least a security deposit of 30 days and if you think the will give it more than that up to 60 days total. You also have to be ready to act if they are late on the rent and not wait as long as you have this time.
Related Questions & Answers
-
Why does the weekend count on a complaint and the courthouse is close Asked 8/23/11, 7:08 pm in United States California Landlord & Tenants