Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a question about the required "notice period" to end…

I have a question...

I have a question about the required "notice period" to end my month to month tenant agreement in San Francisco.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We are now month-to-month, but my landlord had handwritten on the lease that we have a "60 day notice period, which begins at the start of the next rental period (not the day the notice is given until it's the start of the rental period".

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

CA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, is my notice period 30 days from the day I give notice, or do I need to abide by the handwritten paragraph in my tenancy agreement?

Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 11 minutes by:
3/26/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,048
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

When the lease expired, the tenancy converts to a month to month tenancy under all the same terms and conditions of the original lease with the exception of the notice period. If the tenant has lived there over a year, the landlord has to give a written 60 day notice to terminate, but the tenant only has to give a 30 day notice. And the notice can be given at any time. See CA Civil Code 1946.

.

"" however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination.""

.

So the condition in the written lease for a 60 day would not be enforceable since it conflicts with state law on the topic once the fixed term lease has expired.

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
Thank you!Does this mean that I now only have a "30 day" notice period from the day I give written notice?What should I do if my landlord doesn't accept that the "60 day period from next rental period" isn't now valid?

Correct.

.

Print out a copy of the law I went over above and give it to him telling him that condition is in violation of CA state law and is therefore void.

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
Thank you Barrister!!If my landlord still pushes back, who would help me?I'm worried she may hold my security deposit back.Also, I am in a rent controlled building in San Francisco (if that helps)?
Customer reply replied 4 months ago
Attached is the 2nd relevant page, which says "the month-to-month tenancy is subject to all of the terms and conditions of this contract".Can you confirm that that is true, except for the notice period?I'm sorry to ask so many questions. My landlord is pointing at these paragraphs to say that I need a longer notice period.

You are very welcome..

.

And there is no way to proactively prevent the landlord from violating the law and improperly withholding your deposit. But you can tell them that if they do, you will sue them for 3X the security deposit as allowed under CA law.

.

Did you actually expect your landlord to tell you something that benefitted you and harmed their interests? The black letter law trumps an expired lease contract with regard to notice to terminate,

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
You are so great -- thank you!

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,048
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,048
43,048 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

43,048 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I live in San Diego Ca. I have a 400 ft dupliex. I p I have
I live in San Diego Ca. I have a 400 ft dupliex. I p I have been here for 12 years. A new owner purchased the property they raised my rent to 1400.00 I work with the Army am gone for 17 days a month. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,350 satisfied customers
First: I want to know specifically the date that I must
First: I want to know specifically the date that I must vacate an apartment that I am renting. Relevant information: The property was sold June 10th to another party. They want me to move out now. it … read more
Maverick
Maverick
Doctoral Degree
6,327 satisfied customers
Once a tenants lease reverts back to month to month, is the
Once a tenants lease reverts back to month to month, is the landlord required to give a 30 day or 60 day notice when issuing a notice to terminate?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
We just closed escrow last night on a 3 unit rental property
We just closed escrow last night on a 3 unit rental property in San Diego, California. Can we give the tenants of the unit we plan to live in a 60 day notice to move-out today and give the other tenan… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
In San Francisco; I am looking to sell a tenant occupied condo
In San Francisco; I am looking to sell a tenant occupied condo that was built after 1979. Tenants have been in the unit for over a year. Once escrow closes; can the new buyer merely provide a 60 day n… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,048 satisfied customers
In May last year (2013) I signed a one year lease with two
In May last year (2013) I signed a one year lease with two people to rent them my 3 bedroom house in San Francisco. So lease is up on May first this year. One of the tenant I have a lease with is defi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
California Law Landlord/Tenant: Can a landlord limit the number
California Law Landlord/Tenant: Can a landlord limit the number of visitors allowed in a lease agreement? (I am not referring to overnight) Also does a landlord need a reason when giving a 60 day noti… read more
socrateaser
socrateaser
1,031 satisfied customers
Hi there, Im the Master Tenant of a San Francisco apartment.
Hi there, I'm the Master Tenant of a San Francisco apartment. I had my roommates sign sub-leases before moving in that stated I could ask them to leave without just cause upon moving in and now want t… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
In san Francisco I have a two bedroom apartment rented to two
In san Francisco I have a two bedroom apartment rented to two separate tenant one on each room ,one move out but the other one didn't want to move and I cant fine a tenant for the other room, what wil… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in San Francisco and own a condo in a 2 unit building.
I live in San Francisco and own a condo in a 2 unit building. I do not own an interest in the other unit. I'm being relocated for 12-18 months and want to rent my condo for that time period. I'm consi… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
Tenant signed lease with another then phone current landlord
Tenant signed lease with another then phone current landlord to terminate tenancy within 2 weeks. Tenant has not provided a written notice of intent to terminate month to month tenancy though Landlord… read more
socrateaser
socrateaser
1,031 satisfied customers
I live in a building which has 2 units in San Francisco, CA.
I live in a building which has 2 units in San Francisco, CA. the unit I'm in has 3bdrms and 3baths. I'm in the master bdrm and have been living there for 7yrs. the owner's daughter also resides there.… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
Issue Landlord trying to hold me two months past lease expiration
Issue Landlord trying to hold me two months past lease expiration for not supplying 60 days notice. I think the lease is worded so that I don't have to stick to this. Need answer: Exact paragraph the … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
In San Francisco, CA, when one is in a month-to-month lease
In San Francisco, CA, when one is in a month-to-month lease on a house, can the landlord tell the tenant to move out within 30 days? Or does the tenant hold the power to give the landlord 30 days noti… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
1 yr lease to month-month and now 1 yr lease- rent increase
My tenants are renting month to month since their 1 year lease has passed (about 4-5 months ago). I would like to increase the rent 15% and have them sign a new 1 year lease. Do I still have to wait 6… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I am living in a property that is being sold as a short sale
I am living in a property that is being sold as a short sale in Oakland, California. How much notice does the new owner have to give me to move, and at what point does that 30-day clock start running?… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Hi, Im in San Francisco, California, and have a 6 month
Hi, I''m in San Francisco, California, and have a 6 month lease in an in-law unit. 6 months are coming to an end and the landlord called today saying that we'd need to sign a new lease and the rent wi… read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
if we decide to give him 30 day notice would i put in the letter
if we decide to give him 30 day notice would i put in the letter non compliant with the lease agreement . Send the check back too . Is there a form that i can look up for such a notice .… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x