Full question:
I am a month to month tenant. The owner is selling the house. I was just accepted to rent another house. Do I have to give 30 days notice or can I move with less notice, like 10 days?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
To end a periodic rental agreement (for example, a month-to-month agreement), a tenant must give the landlord proper written notice before vacating the property.
The amoutn of notice must be the same amount of notice as there are days between rent payments. This means that if the rent is paid monthly, the tenant must give the landlord written notice at least 30 days before mvoing out.
To avoid later disagreements, it is recommended that the tenant date the notice, state the date that he or she intends to move, and make a copy of the notice for keep. Also delivery of hte notice to the landlord or property manager should be in person, or mail by certified mail with return receipt requested.
A tenant may give the landlord notice any time during the rental period, but must pay full rent during the period covered by the notice. For example, if it is a month-to-month rental agreement, and rent is paid on the first day of each month, notice could be given any time during the month (for example, on the tenth). Then, the tenant could leave 30 days later (on the tenth of the following month, or earlier if he or she chooses to). But the tenant would have to pay rent for the first 10 days of the next month whether or not he or she stays for those 10 days or moves 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.)
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.
