Do I need to give 30 days' notice as a month-to-month tenant?

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:

As a month-to-month tenant, you must provide your landlord with written notice before moving out. This notice must be at least the same length as your rental payment period. Since you pay rent monthly, you need to give at least 30 days' notice.

For clarity, it's best to date your notice, specify your intended move-out date, and keep a copy for your records. You can deliver the notice in person or send it via certified mail with a return receipt requested.

You can give notice at any time during the rental period, but you must pay rent for the entire notice period. For example, if you provide notice on the tenth of the month, you can move out on the tenth of the following month, but you must pay rent for the first ten days of that month, even if you leave earlier. However, if the landlord finds a new tenant who pays rent for those ten days, you won't owe rent for that period.

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

Breaking a lease typically requires following the terms outlined in your rental agreement. However, some circumstances, like a landlord's failure to maintain the property or unsafe living conditions, may allow you to break the lease without penalty. It's best to document any issues and communicate with your landlord. Always review your lease and consult local laws for specific options available to you.