Legal Question in Real Estate Law in California
According to my rental agreement signed by myself (tenant) and the landlord, I have a 2 year lease. However, right beneath that there is a clause that says, "This tenancy is terminable by Owner or Tenants and is modifiable by Owner, by the giving of 30 days' written notice to the other (subject to any local rent control ordinance that may apply).
Does this make it a month-to-month lease? Therefore releasing me from liability for the remaining term of the lease (rent, etc.)?
I'd like to move to a smaller place as this place has become to expensive for me. However I will stay if I legally have too.
Anyone have an answer?
2 Answers from Attorneys
Sounds to me like a month-to-month rental agreement with a two-year automatic termination, and I think the two provisions are compatible rather than contradictory. Rather unusual, at least in my part of the state. Maybe the dual termination-time provisions are inspired by local rent-control rules. So, my opinion (without actually seeing the lease and reading the whole thing it's impossible to be certain) is that you can give 30 days' notice -- in writing, but maybe then follow up with the landlord in person to make sure.
I'd have to read the lease to be sure, but it does sound as though Mr. Whipple is correct. I am unaware, however, of any rent control ordinances that apply to your location other than mobile homes.
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