Notice to Terminate Question - Landlord Forum thread

Notice to Terminate Question by Cindy (California) on January 30, 2012 @00:49

In a month to monthe lease, can a tenant in California give a 30 day notice mid month? The California Tenant handbook says a tenant can give a 30 day notice on the 10th for example and then pay rent for only 10 days of the next month. However I have also read that the 30 day notice must be given before the beginning of the next months rental period as a month to month lease renews each month. Any experience with this issue? Thanks!

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Re: Notice to Terminate Question by Katiekate (New York) on January 30, 2012 @06:42	[ Reply ]

There is a reference to the landlord/tenant law by State...right here on this web site. Look to the right hand sidebar.. there is a link there.

Re: Notice to Terminate Question

Re: Notice to Terminate Question by Cindy (California) on January 30, 2012 @09:17	[ Reply ]

I have read the law and it is a bit ambiguious. It say a tenant needs to give 30 days and sites an example of giving notice mid month and prorating the second months rent. However, month to month leases are just that month to month. The beginning of the month is a new term and notice not to renew a term needs to be given on the first (still 30 days) which is right?? Thanks

Re: Notice to Terminate Question by Bryan (Ia) on January 30, 2012 @10:10	[ Reply ]

This is the difference between a term and literal state. In a term state the 30 day notice to terminate must coincide with the rental period. In a literal state, it is literally 30 days. From you say you've read, Ca. is a literal state. Be aware also that, if I remember correctly, in Ca. a T who has resided in your rental for more than a year has to get/give 60 days notice even if they are on a M2M. We have some Ca. LL's here, they can verify these things.

Re: Notice to Terminate Question by A.T.SF (CA) on January 30, 2012 @13:43	[ Reply ]

Hey Cindy, There are two distinct terms a Lease ( A Term Contract 6mos, 1 year, 2 yr. etc) and a Month to Month Rental where the term is 30 days each month. California is a literal state. Therefore, if a tenant notifies you in writing of their Intent to Vacate, giving you notice after the first of the month, financially they are liable for 30 full days of rent. So yes, the rent may be prorated for the remaining days of the following month to total 30 days. The idea of notice being given before the beginning of the month is generally true when the tenant has a Termed Lease. Then you go into negotiating the remainder of the leased term. Yes, I have had lots of experience with Month to Month Rentals that have been terminated after the first of the month.

Re: Notice to Terminate Question