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Do I need to give notice when lease is expiring? - Landlord Forum thread 358881








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Do I need to give notice when lease is expiring? by luchen26@hotmail.com on January 5, 2019 @03:48

                              
I am a new LL in California. I rented a few rooms to tenants in my single family house. My lease with one tenant is six months lease from Aug 2018 to Feb 2019. The lease box is checked (as opposed to month-to-month rental agreement) and specifically states verbatim: "Tenant shall vacate the premises upon termination of this agreement unless: (i) Landlord and tenant have extended this agreement in writing or signed a new agreement (We have NOT done this); (ii) as mandated by local rent control law (do not believe this applies as this one of owner of the house live with tenants who rented remaining rooms); (iii) Landlord accepts rent from Tenant (other than past due rent) in which case a month-to-month tenancy shall be created...."
The lease expires on Feb 12 2019 and I want one of the tenant out for sure when lease ends. Do I still need to give this tenant 30 day notice to vacate? If I only need to give courtesy notice, then do I need to serve the notice like the law requires(using registered mail, deliver in person, etc) in case this tenant does not vacate at the end of lease and then I have to start eviction process? Your pointers are greatly appreciated! Lu
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Re: Do I need to give notice when lease is expiring? by Garry on January 5, 2019 @14:26 [ Reply ]
No matter what your lease says, or what any state laws say, it can never hurt you in a court of law, if you "go the extra mile" or "go overboard" in notifying a tenant about something. In your case, send the T a letter, along with a copy of the lease, by both regular and certified mail, by this coming Monday. You can even "highlite" the portion of the lease you want him to see. If the T doesn't move, and you have to go to court, you don't want the judge to throw out your case because you didn't properly notify you T. If possible this weekend, knock on the Ts door, and hand him a copy of your notice. Remember, judges want lots of PHYSICAL proof, not spoken words that a T says you never said.

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