Legal Question in Real Estate Law in California

commercial lease deposit return and notice to vacate

My lease does not stipulate a time frame for the return of my deposit or a minimum time for notice to vacate the premises...what is standard if not written?


Asked on 10/15/07, 5:20 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: commercial lease deposit return and notice to vacate

Civil Code section 1950.7 covers this in some detail, and the time varies with the circumstances, but subsection (c) might apply, in which case the time is probably going to be 30 days for return of the deposit.

If the lease has expired, you aren't entitled to a notice to vacate, although it is courteous and customary for the landlord to remind the tenant somewhat in advance of the expiration date of the fact of impending expiration. The reason is that the lessee is presumed to have notice of all the terms of the lease, including the expiration date.

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Answered on 10/15/07, 8:03 pm


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