Legal Question in Real Estate Law in California

One Year Lease Regarding 30day Notice Before Lease Terms

I had a 12 month lease from 08/08/01-08/07/01 and did not give a 30day notice before moving out on 08/07/01. Landlord sent me new lease on 07/30/01 so I was unable to give 30day notice. I fullfilled my Lease however Landlord states it's California state law that you must give 30day notice before leaving regardless if you move out at the end of your lease. Landlord stated that I would be charged rent until apartment is rented out and I must pay before deposit is refunded.

Is the Landlord correct and what is CA state law in regards to 30day notice.

THANKS...


Asked on 8/20/01, 5:58 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: One Year Lease Regarding 30day Notice Before Lease Terms

You should review your written lease carefully to see if it has any special provisions regarding renewal, since any specific provision will prevail over an inconsistent provision of general law (assuming it does not contravene "public policy").

If there is no special provision, you are not required to give any notice at the end of a fixed-term lease, so then based on the information you give, the landlord is wrong.

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Answered on 8/21/01, 1:28 pm


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