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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33730
Experience:  15 years real estate, Realtor. Landlord 26 years
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My one year apartment lease ends on November 1, 2016 and

Customer Question

Hi Pearl, my one year apartment lease ends on November 1, 2016 and continues on a month to month basis after that. I am required to give 30 days notice to move out. I gave my landlord my 30 days notice on Thursday and will be moving out on November 12th (30 days), and he is telling me that I cannot give my 30 days notice until my 1 year lease completes on November 1st, so therefore I cannot move out until December 1st. He is also saying that I have to give my notice on the first of the month or I have to pay for the entire month - meaning that if I gave my notice on the 13th of the month, I would have to pay through the whole next month and he is refusing to prorate the days.
JA: When we are ready I'll take you to the appropriate web page.
Customer: Can you please advise on this and direct me to the California law that I can reference to him?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: California
JA: Has any paperwork been filed?
Customer: Have I moved forward with any legal action yet? no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that covers it. He's a psychopath and is trying to make this extremely difficult for me to move out. It feels as though he is taking advantage of me.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Does your written lease require you to give a 30 day notice if you aren't renewing your lease or going month to month?

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And does the lease specifically state that any notice has to be given on the 1st of the month?

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thanks

Barrister

Customer: replied 1 month ago.
Hi Barrister,Yes my lease requires 30 day notice if I am not renewing or going month to month. There is nothing in the lease that states the notice has to be given on the 1st of the month. Please see below for exact wording in the lease. It is an extremely short document and this is all that is mentioned in regards ***** *****Initial term: The initial term of tenancy shall be for a period of 12 months and 0 days, terminating on 11/1/16. Thereafter, lessee shall be on a month-to-month tenancy and either party shall be permitted to then terminate the tenancy upon giving to the other party a 30-day written notice. After the initial term, lessor may change the terms and conditions of this agreement upon 7 days written notice to Lessee.Let me know if you need any further information.Thank you,
Lyndsey
Expert:  Barrister replied 1 month ago.

Ok, if that is the exact wording on the lease, then you are under no legal obligation to give any written notice prior to it terminating on 11/1/16. The entire purpose of a fixed term lease is that it starts on a certain date and ends on a certain date.

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Now the landlord could have required you to give a 30 day notice if you weren't renewing, but unless he put that in the lease contract, you aren't obligated to do so.

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But that clause refers to terminating after the lease has converted to a month to month. So if you stay on after the lease expires on Nov 1, then you automatically become a month to month tenant and then the 30 day requirement kicks in under CA state law.

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So unfortunately, he is correct that you can't give a 30 day notice to terminate your current tenancy because that automatically terminates on Oct 31st and the 30 day requirement only applies once it has turned into a month to month..

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With that said, you can either move out on the 31st or Nov 1, whichever date your lease expires, or you are stuck for another full month's rent as you would have to give a 30 day notice on Nov 1, when the lease has turned into a month to month..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 month ago.
Hi Barrister,Thanks this information is very helpful. He is withholding a decent security deposit from me and I doubt that will be returned without legal action. Will these facts hold up in small claims court?Thank you,
Lyndsey
Expert:  Barrister replied 1 month ago.

You are very welcome.. happy to help.. As for any security deposit, that is only refundable once you actually vacate the dwelling. So if you are still living here he doesn't have to refund it now. It is to be used for actual damages, cleaning, late fees and costs and any delinquent rent owed after a tenant has vacated.

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He has 21 days to send an itemized invoice with any deductions and any balance or he is in violation of state law and you can file a small claims court action against him and sue for 3X the amount improperly withheld.

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thanks

Barrister

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