Full question:
My tenants lease expired (1 year term) on December of 2007. An extension for month to month was sent for signature and return by January of 2008 and to date the amendment has not been signed and returned. The rent for January was 26 days late and no rent has been paid to date for February. I want end the relationship. Do I send a 30 day notice or 60 day? If they do not pay for February, can the security deposit be applied to the rent?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: National
Answer:
In California, a month-to-month tenant must be given 60 days’ advance written notice that the tenancy will end if the tenant and every other tenant or resident have lived in the rental unit for a year or more. However, the landlord can give 30 days’ advance written notice in either of the following situations:
* Any tenant or resident has lived in the rental unit less than one year; or
* The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends.
In addition, all of the following must be true in order for the selling landlord to give you a 30-day notice:
* The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
* The landlord must have given the 30-day notice no later than 120 days after opening the escrow, and
* The landlord must not previously have given a 30-day or 60-day notice, and
* The rental unit must be one that can be sold separately from any other dwelling unit.
In some cases, such as failure to pay rent, only a three day notice is required. California law specifically allows the landlord to use a tenant's security deposit for unpaid rent.
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.
