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How Much Notice is Required to Terminate a Lease

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  • 12-15-2015, 06:57 PM
    bluegrass1
    How Much Notice is Required to Terminate a Lease
    My question involves landlord-tenant law in the State of: California

    Ok got something came up and must move outta state , the lease reads ....

    Terms , I agree to pay x amount starting 1st day of sept 2015 and continue until sept 30 2018 on a month to month tenancy until either party shall terminate this agreement by giving written notice of intention to terminate at least 30 days prior to the date of termination ....

    Does this mean long as the rent is paid up and I give a 30 day notice before leaving that will end the lease ??? or can she sue me for the remaining time ?? it was supposed to be a one year lease wife signed it thinking is said 2016 but she had 2018 I do have a text message from the landlord stating it is a year lease just so we didn't have to redo it till 2018 She seems honest person but I worry ...

    Nothing else in the lease talks about pentelties for breaking lease . is it just a month to month agreement ?? thanks for the help
  • 12-15-2015, 07:28 PM
    jk
    Re: How Much Notice is Required to Terminate a Lease
    very poorly written contract. A fixed term lease is not a month to month tenancy. A month to month tenancy is not a fixed term.

    as I read that it clearly states it is a month to month tenancy. The end date becomes superfluous since it states it can be terminated with 30 days notice.

    the good thing about contracts is if there is ambiguity it is read in the best light for the party that did not write the contract. That means if there is an arguable point it is read giving your position the benefit of the doubt. As I said, to me that states it is month to month tenancy with the unnecessary date of termination of Sept 30, 2018 because it is a month to month tenancy.

    If the landlord wanted something else, they should have made a better effort to express it so it is understood.

    the landlords statement adds even more confusion. If it was a one year lease it would have an end date of Aug 30, 2016. Not only would it be a 13 month lease if the end date was Sept 30, 2016, she states it was intended to be a 1 year lease but the 2018 date was intentional so it in no way was it ever a 1 year lease. As written it is a 37 month lease.

    There needs be nothing describing penalties for breaching a lease. It is a contract and in a rental agreement, there are typically no penalties for breaking the lease. You simply owe for the entire lease minus any mitigation that may come about if the landlord finds a tenant before the period covered by the lease expires.

    Quote:

    She seems honest person but I worry ...
    I was thinking more in the line of confused, or even incompetent.

    whether she would attempt to sue you for any remaining time on the contract it something only she could tell you. How a court would decide is just as unanswerable. If I was deciding the issue I would read it as a month to month tenancy just like it says with the ability to terminate it with 30 days notice. I won't be the judge hearing this if you get sued though.
  • 12-15-2015, 07:50 PM
    bluegrass1
    Re: How Much Notice is Required to Terminate a Lease
    so she can sue me for the entire months from now till sept 2018 ?? would the text message stand in court when i asked her about the 2018 date and she replied it is a one year lease and after 2018 it becomes month to month
  • 12-15-2015, 08:03 PM
    jk
    Re: How Much Notice is Required to Terminate a Lease
    Quote:

    Quoting bluegrass1
    View Post
    so she can sue me for the entire months from now till sept 2018 ?? would the text message stand in court when i asked her about the 2018 date and she replied it is a one year lease and after 2018 it becomes month to month

    she can sue you because she is having a bad day. The only real question is; can she win and as I said, if I was hearing the matter, as long as you gave a proper 30 day notice, no, she would not win but as I also said, I won't be hearing the case if she sues you.

    I think properly argued you would win on this. The contract is so poorly written who knows if she actually intended to allow a termination of the 1 year lease with a 30 day notice or not. Given that ambiguities are read in the best light of the party that did not write the contract, to me that best light is she did include a right to terminate with 30 days notice.

    the point about it being a 1 year rather than a 37 month lease would still mean you are liable until sept 30 2016. I'm betting you don't want that either.
  • 12-15-2015, 08:23 PM
    bluegrass1
    Re: How Much Notice is Required to Terminate a Lease
    Ok one last thing ...
    on the lease my wife signed it and an adopted son that is 25 now.. he lives in the house with his real dad now .. at the time the lease was being drawed up we told her that once his real dad moved here he would take my wifes place on the lease .. he has now moved in we told the land lady and she is bringing a new lease up this week changing the names .. question is would a new contract void out the one with my wifes name on it ? or would she just have 2 contracts so if they ever didn't pay she could go back to the one my wife is on and charge her?? I hope I am just over thinkin this but I no longer have faith in anyone not screwing me
  • 12-15-2015, 08:32 PM
    jk
    Re: How Much Notice is Required to Terminate a Lease
    she cannot give exclusive possession of the same apartment to two different entities so only one would be enforceable.

    It would be a good idea to get a written acknowledgment your lease is superseded by the new lease though, just in case it is needed in the future.

    Quote:

    I hope I am just over thinkin this but I no longer have faith in anyone not screwing me
    better to be cautious and remain a virgin than careless and be abused by everybody.
  • 12-15-2015, 10:26 PM
    bluegrass1
    Re: How Much Notice is Required to Terminate a Lease
    on a another note the heat ducts is all tore up under the house there was a woodburner in the house but they took out said it was messed up . we informed them it was blowing out under the house on the first of the month it has been going on 3 weeks now and temps been 15 at nite she is promising to bring a new lease and fix ducts this week .. how long do I have to wait before she is in default and we can move out that way?
  • 12-15-2015, 11:06 PM
    L-1
    Re: How Much Notice is Required to Terminate a Lease
    Just to add to what JK said, California law is kind of quirky about how one must give 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 your rental agreement specifies a different amount of notice (for example 10 days), you must give the landlord written notice as required by the agreement. At the time you give notice, the rent shall be due and payable up to and including the date of termination and must accompany your written notice.

    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.)
  • 12-16-2015, 01:21 AM
    bluegrass1
    Re: How Much Notice is Required to Terminate a Lease
    someone said in California they don't get to sue you for the entire remaining lease period only the time it takes to rent house to someone else .. is this tru?
  • 12-16-2015, 05:59 AM
    jk
    Re: How Much Notice is Required to Terminate a Lease
    They get to sue for the entire lease but if the unit is rented before the period covered by the original lease they must refund the difference. They don't get to collect rent for the same period from two seperate parties.
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