Full question:
Hello, I am living in Hayward, and I have several questions about the apartment lease agreement. I and two of my friends (we are international students from Japan) made a contract/lease agreement with the apartment in 05/30/2008, and the agreement is ending on 05/30/2009. Thus, the lease agreement is under three tenants including me and other two of my friends/roommates for 1 year since 05/30/2008. I understand the term and we all have responsibilities as tenant. However, I will leave the U.S. in the end of March, 2009 because I graduate the university and so should go back to Japan. Thus, I want to remove my signature from the lease agreement. I searched the legal responsibilities as an tenant and I understand it must be 'breach of the contract' and would give troubles to my roommates if I remove my name on the contract. As a solution/compromise, I am thinking to pay at the end of the lease term (05/30/2009) and try to talk about it with the apartment manager. I am not sure two of my roommates would stay in the apartment after the lease term, so I am not sure whether they prefer to extend the lease term or to move out somewhere. In this case, do I have responsibilities after the current lease agreement(05/30/2008-05/30/2009) was expired? or, should I remove my name from the current lease agreement before I leave the U.S.? and, should I go to notary public to certify that I pay for the end of the current agreement but do not have responsibilities after the current lease agreement? (I am not sure whether or not that notary public service work to certificate the private document as I will write) As a reference, I write the section of the term in the lease agreement: 4. TERM: The term of this Agreement is for 12 months, beginning on 05/30/08 and ending on 05/30/09, at which time this Lease shall terminate without further notice. Any holding over thereafter shall result in Resident being liable to Owner/Agent for daily rental damages equal to the current market value of the unit, divided by 30. A 'month-to month' tenancy subject to the terms and conditions of this agreement shall be created only if Owner/Agent accepts rent from Resident thereafter, and if so accepted, tenancy may be terminated by Resident after service upon the Owner/Agent of a written 30-day Notice of Termination. The month-to month tenancy created thereafter may be terminated by the Owner/Agent by service upon the Resident of a written 30-day notice of termination of tenancy. I appreciate you to read my email, and if possible, I want hear your advice. and I have one more question. I have an concern with my room and my manager. I am sharing the 2Bd 2Br room with other two of my friends, and I am staying the living room there. We got a notice of warning in July 16th 2008 about this issue. In brief, the notice indicates the violation of living room and it is unacceptable because violates the city code. I met the manager in the morning on last Monday, October 6th, 2008, and she said that it is unacceptable to put the bed in the living room and it is against the Hayward city code or the law(?). I struggled to search the legal references about 'the violation of the living room'. However, I cannot find any references of legal information about this kind of violation. In addition, she said that she will come and inspect to our house to check whether or not we removed the bed from the living room next week (but I have no idea which date from October 12 2008 to October 17 2008). Is it illegal to put the bed in the living room (and according to my roommate, the manager said that we should put a sofa and a TV-set in the living room), and does she have right to inspect our house for checking it? I know that we should not build the wall in the living room, but we do not build the wall in the living room. and, I understand it is reasonable and legal that she inspect our house with or without our acceptance if it is illegal to put the bed in the living room.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: National
Answer:
If you pay monthly rent, you must give the landlord at least 30 days' written notice of your intention not to extend or renew the lease. You may send it by certified mail with a return receipt requested and make a copy for yourself to protect your rights in case of a future
dispute. While notarizing the notice is possible, it isn't required.
Whether or not it is illegal to have a bed in the living room depends on local building codes, which vary by local area. I suggest contacting the building department to inquire about applicable codes, as a full copy of the building code isn't published on the City of Hayward website.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
