Hi,
I am renting out a condo in Folsom. The annual lease is due in the third week of August. In my lease contract the tenants need to give me a 1 month notice. So if the lease were up in the third week of August, they should notify me by third week of July that they are vacating. Is that correct?
Please advice.
Hi,
If your tenants are planning on moving at the end of the third week of August according to the terms of the original lease they probable do not have to supply a notice because it corosponds with the original agreement.
In california a lease terminates at the end of the agreed period, if they move that’s great, they are entitled to, you as landlord probable should have presented a new lease if you wanted to keep the tenants for a new prescribed period at some kind of value.
IE we were going to raise the rents to (x) dollars, however if your willing to re-sign an additional years lease we will offer it at the same rate you have been paying or we will offer it at a smaller increase than we had planned.
The landlord probable should have been in contact with the tenant about 30 or 35 days before the original lease agreement expired.
If they are not moving out and the lease expires then the tenant becomes month to month and has to supply a 30 day notice to move out say at end of October. You can not evict a tenant under California law just because they will not re-sign a new lease.
If the tenant is intending on being out within 5 or 7 days of the original lease then the intent is they honored there agreement and you can pro-rate a few days.
There is no obligation under California law to stay longer as a month to month tenant or to sign a lease extending an agreement.
California is one of those kind of screwey landlord states! California is a tenant friendly state.
Good luck,
GR
Oh. So if they are moving out by end of the lease then they do not need to give a 30 days notice? I thought giving a notice was required if stipulated in the lease agreement.
Have you asked them their intentions?
The renters plan to leave. Apparantly the one month notice is required only after the yearly lease expires and we get on a month to month lease. So their only obligation is to vacate the property by the lease end date.
Thanks for your feedback on my queries.