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  1. #1
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    Nov 2012
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    Default 60 Days Notice Period

    My question involves landlord-tenant law in the State of: California

    I had signed a lease for 10 months with my apartment and after completing the 10 months in September, I have started month to month with the same apartment. Today I went to let the management know that I am planning to move out of the aprtment by End of December(1 month notice). They said that I have to stay with them till January 23rd 2013 or pay them January's rent. I wanted to check if this is applicable by law to ask for 60 days notice.I have also attached the imageof the lease with this post.

  2. #2
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    Default Re: 60 Days Notice Period

    The early termination material is irrelevant. You didn't terminate early and it's well past 6/30/12 (the last date to exercise early termination) and 9/30/2012 (the end of the initial lease term).

    With your having been in residence for more than a year, they have to give you at least 60 days notice, but you would normally be obligated to give them notice "for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination". Check your lease to see if you agreed to a different notification period once your lease became a month-to-month tenancy.

  3. #3
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    Default Re: 60 Days Notice Period

    Thanks for your quick reply!! We did not sign any new lease for the month-to-month tenancy. Are you saying that we are obligated to the 60 day period from the original lease?

  4. #4
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    Default Re: 60 Days Notice Period

    You will need to read your lease to see what provisions it contains in relation to your present tenancy. I have no access to that document.

  5. #5
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    Default Re: 60 Days Notice Period

    Is there a way for me to upload my lease to the forum?

  6. #6
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    Default Re: 60 Days Notice Period

    No. Read it and quote the relevant language by typing it into the reply box.

  7. #7
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    Default Re: 60 Days Notice Period

    Term
    The agreement term will begin on the commencement date and continue until the termination date. Note that this agreement contains provisions that could alter the Term
    • If the Variable Lease term section is not checked to indicate an automatic continuances of the Agreement on a Month-to- month basic after the termination date you must vacate the Residence by the termination date(unless you and Landlord agree in writing to extend the term)
    • If the Variable lease term is checked to indicate an automatic continuance of the agreement on a month-to month basic after the termination date, the agreement will continue after the termination date until either party terminates the agreement by giving the other party at least 60 days written notice or as otherwise specified by law
    • Initials:

    This is the term I have initialized in my lease. I have read online that the notice period depends on same amount
    of notice as there are days between rent payments. Since I am paying month-to-month , 30 days notice should be needed to leave the apartment. Please advise!

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