Legal Question in Real Estate Law in California
Moving Out
I am living in an apartment. However, my name is not on the lease. I was recently told that I have to move out after June of this year, which would be around 3 months from now. If I wanted to move out sooner, like 3 weeks from now, do I have to give the people ON the lease a prior notice of my leaving?
1 Answer from Attorneys
Re: Moving Out
Probably. You are a bit unclear about your status; you might be a guest, but if you have been paying rent and/or don't have another main residence address, you are probably a subtenant. Subtenants have all the obligations (and often all the rights) of tenants, but they are owed to (or from) the main tenant, not the landlord.
That means if you were a month-to-month subtenant, you have to give the tenant 30 days' notice, unless of course the tenant waives the notice requirement and lets you off the hook with shorter notice.
The notice can be given on any day of the month, and the rent obligation is then pro-rated.
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