Move Out Without Giving Notice
My question involves landlord-tenant law in the State of: California
I rented a room, verbally agreeing with the leaseholder roommate to stay for 3-6 months (though I have always said "probably 3-6 months", never definitely). I never signed anything.
However, things have taken a turn after 3 months. My roommate is an unemployed leech, is demanding I pay him my rent early, and is angry that I'm refusing. He told my next door neighbor he is about to kick me out as soon as I pay December rent. He is asking me to pay for things around the house that his guests have broken.
I am pretty sure that what will happen is that he takes the money on 12/1 and very quickly looks for an excuse to kick me out. Or that he tries to push me into moving out by making it intolerable to live there. If I do pay and give him 30 days, I'm almost positive he will try this. Yes, I know I legally CAN stay if I'm paid, but who the hell would want to?
If I just got out ahead of things and left when he wasn't around, could he sue me?
Re: Move Out Without Giving Notice
So you're talking about simply leaving before the end of the month, without notice?
Yes, he can sue you.
Gail
Re: Move Out Without Giving Notice
To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move.
You must give the landlord the same amount of notice as there are days between rent payments. This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move.
To avoid later disagreements, date the notice, state the date that you intend to move, and make a copy of the notice for yourself. It's best to deliver the notice to the landlord or property manager in person, or mail it by certified mail with return receipt requested.
You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)
The rental agreement or lease must state the name and address of the person or entity to whom you must make rent payments. If this address does not accept personal deliveries, you can mail your notice to the owner at the name and address stated in the lease or rental agreement. If you can show proof that you mailed the notice to the stated name and address (for example, a receipt for certified mail), the law assumes that the notice is receivable by the owner on the date of postmark.