Legal Question in Real Estate Law in California

1 yr. lease up...now it is month to month

We are having a bit of a problem. We moved into our current apartment and signed a 1yr. lease; It ended at the end of nov. then from there on we decided not to move out, in automatically moved to month to month. We didn't sign a new lease. We have recently found a new apartment and are wondering if we have to give a 30 day notice. We are wanting to just pay half the months rent and be out by the 15. Is this legal? Can you give us some advise please???

Thank you


Asked on 4/27/06, 2:28 am

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: 1 yr. lease up...now it is month to month

You have to give a 30-day notice.

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Answered on 4/27/06, 8:36 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: 1 yr. lease up...now it is month to month

A 30-day notice is required, but you can give it at any time of month; it doesn't have to be on the last day, the first day, or the anniversary day of the month-to-month. You might try just a little negotiating with the landlord or manager; sometimes they will be accommodating.

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Answered on 4/27/06, 11:13 am


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