US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
Do I need to give 30 or 60 days' notice to end a month-to-month lease?

Do I need to give 30 or 60 days' notice to end a month-to-month lease?

Q: What makes a lease agreement void?

A lease agreement can be considered void if it lacks essential elements, such as mutual consent, a lawful purpose, or if one party was not legally competent to enter into a contract. Additionally, leases that violate state laws or regulations may also be deemed void.

Q: What is an extension of the term of a lease?

An extension of the term of a lease is an agreement that allows the tenant to continue occupying the property beyond the original lease term. This extension can be for a specified period or can convert the lease into a month-to-month arrangement, depending on the terms agreed upon by both parties.

Q: What happens if a tenant stays after a lease expires?

If a tenant stays after a lease expires without a new agreement, they may be considered a holdover tenant. The landlord can choose to accept rent and continue the tenancy on a month-to-month basis or provide notice to terminate the tenancy, depending on state law and the circumstances.

Q: Does a new lease void an old lease after?

Yes, a new lease typically voids the old lease once both parties sign it, as the new agreement replaces the previous one. However, if the new lease is not executed, the terms of the old lease may still remain in effect until properly terminated by either party.

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: 04/07/2025
State: National

Answer:

In California, if a tenant has lived in a rental unit for a year or more, the landlord must provide a 60-day written notice to terminate a month-to-month tenancy. However, a 30-day notice can be given if:

Any tenant has lived in the unit for less than one year, or
The landlord is selling the property to someone who will occupy it for at least a year.

In cases of non-payment of rent, a landlord can issue a 3-day notice to pay rent or quit. California law allows landlords to apply a tenant's security deposit to 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.

FAQs

Does a new lease void an old lease?

A new lease does not automatically void an old lease unless it explicitly states that the previous lease is terminated. If both parties sign a new lease, it generally supersedes the old lease. However, if the new lease is not signed, the terms of the old lease may still apply until either party terminates it according to the lease's terms or applicable state law.

What happens after lease time expires?

When a lease expires, the tenant may continue to stay in the property under a month-to-month tenancy if the landlord allows it. If the landlord does not wish to continue the rental agreement, they must provide appropriate notice to terminate the tenancy, which can be 30 or 60 days depending on the length of the tenant's occupancy.