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: 41,151
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 1 month 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 1 month 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 1 month 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 1 month 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: 41,151
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?
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,151
41,151 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

41,151 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 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

1,278 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
Law - Can I ask previous owner to pay me rent while
second opinion] Law - Can I ask previous owner to pay me rent while Ejectment case going on ?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I have a couple that just moved into my shed in cal. and
i have a couple that just moved into my shed in cal. and won't leave. i had sold that shed to someone who can;t get it cause these homeless people are sleeping there on my property and won't leave, … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,297 satisfied customers
Second opinion] I received a phone call from the Chicago
Second opinion] I received a phone call from the Chicago Police Department informing me that there are squatters occupying a vacant house that I own. I do not know the occupants. They were never legal… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,724 satisfied customers
On Apr 22, Barrister was assisting me with a tenant and
Hello, on Apr 22, Barrister was assisting me with a tenant and landlord circumstance. Can he assist me with some questions on the suggestions he gave me?… read more
barristerinky
barristerinky
Attorney
41,151 satisfied customers
If I am a landlord, can I legally evict a tenant?
To my knowledge there is no set lease. The tenants are only required to pay a set rent each month. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,297 satisfied customers
If a tenant is served an eviction notice and they refused to
If a tenant is served an eviction notice and they refused to leave on the date of eviction would I the landlord have to take them to court? The notice was served March 16, 2018 for eviction on May 1, … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,750 satisfied customers
I have a rental agreement with a tenant that expires on May
I have a rental agreement with a tenant that expires on May 6th 2018. I spoke with her in March and she said she would stay on for a couple months until she could afford to leave. I agreed. Now she is… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in Marina del rey, and they are redoing our building
I live in Marina del rey, and they are redoing our building and we all have to move out. The have not given us a final move out...they don't have building permits yet. But, our lease expires on 5.31, … read more
Attorney 1
Attorney 1
2,621 satisfied customers
I have a water bill in delinquent and im trying to fix the
I have a water bill in delinquent and im trying to fix the problem i need a lawyer help to me… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
Can my landlord still charge me $100 per month for parking
Can my landlord still charge me $100 per month for parking when the parking garage is under construction for a few months and we have to park on the street? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
326 satisfied customers
I have a house that I rented to a man and he has been gone
I have a house that I rented to a man and he has been gone for 2 months and not paid any rent and all the utilities are off and I put a 3 day notice to vacate on the inside of the front door on 4-12-1… read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 satisfied customers
Notified today of may 3rd trial in an unlawful detainer .we
Notified today of may 3rd trial in an unlawful detainer .we bought house. .there is no agreement for landlord/tenant action. The 5 day notice to quit premises is invalid as to content and improperly s… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,424 satisfied customers
I have a roommate that is refusing to take me off a lease
I have a roommate that is refusing to take me off a lease and has abandoned the property and I have relocated and I want to break the lease and I am told a … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is it possible to get a 5 day extension of a scheduled
Hi. Is it possible to get a 5 day extension of a scheduled eviction? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,424 satisfied customers
Last night my roommate mistakenly took another tenant's
Hi, Last night my roommate mistakenly took another tenant's package and opened it assuming it was his. The property manager, at around 8 PM PST at night, demanded my roommate vacate the premise. As so… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I am renting a property in Oklahoma City, OK. Can you
I am renting a property in Oklahoma City, OK. Can you provide a lease I can use with a pet addendum?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My tenant is protesting a rent increase from $3800 to $4000
My tenant is protesting a rent increase from $3800 to $4000 per month after two years without an increase from when he started. Am I within the law and not being unreasonable? … read more
barristerinky
barristerinky
Attorney
41,151 satisfied customers
I WAS JUST RELEASED FROM THE HOSPITAL.DOCTOR WANT ME TO LIVE
i WAS JUST RELEASED FROM THE HOSPITAL.DOCTOR WANT ME TO LIVE A ASSISTED LIVING FACILITY. I JUST SIGNED A ONE YEAR LEASE IN MARCH. HOW DO I BREAK THE LEASE? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,297 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