Legal Question in Real Estate Law in California

Lease provision held over to month-to-month agmt

My one year apartment lease expired on 8/31/00. The lease specified 60 days notice to terminate the agreement. I stayed in the apartment until 2/15/01 on a month-to-month agreement. I gave 30 days notice on 1/15/01. The landlord claims that the 60 day notice provision carries over to the month-to-month agreement because the lease states that month-to-month will be on the same terms as the lease. He withheld one month of my deposit for the extra 30 days' rent. Is he correct?


Asked on 8/07/01, 2:44 pm

1 Answer from Attorneys
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Lease provision held over to month-to-month agmt

Without reading the Lease, generally, once the lease term expires, you revert to a month-to-month, or other time period, basis. Therefore, the notice time would be that period. Here, 30 days per Civil Code Section 1940.6. The landlord is probably wrong. You have rights under Civil Code 1950.7(f) as to wrongful withholding of your security deposit.

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Answered on 8/07/01, 8:59 pm


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