Legal Question in Real Estate Law in California

Landlord rights 30 day notice

I have a tenant that remained in condo after lease expired as mutually (verbally) agreed upon a month-to-month with a rent increase. On the 3rd of following month I recieved/deposited rent check- on 6th received call informing they would move out on the 19th and stopped payment on check telling me to use deposit. I request written 30 day notice with would go through 5th of following month, responded ''we don't have a lease''. We verbally agreed upon a 30 day notice previously and they did not send written notice. Can I legally charge them rent through the 5th (at new rate agreed upon)? We're they required to give me written notice? Do they have a legal right to be present during walkthru (I did initial looks pretty good). Can I charge them late fee for stop payment on last mo rent?

Thank you very much for your assistance; I look forward to your response


Asked on 5/03/03, 2:13 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Landlord rights 30 day notice

Yes. They held over as month to month tenants, by law. You are entitled to 30 day's notice to terminate tenancy. They had no right to stop payment and any bank charges you had to pay as a result are legitimately your damages and collectable by you. That being said, I recommend you simply send them a written accounting for the security deposit stating that it was used to cover the last months rent, bank charges and repair of any damages to premises which exceed normal wear and tear. It probably will not be worth your time and effort to pursue them for additional payment.

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Answered on 5/03/03, 2:23 pm


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