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Can a landlord require 90 days' notice to end a rental agreement?

Can a landlord require 90 days' notice to end a rental agreement?

Full question:

Is it legal for a landlord to require 90 days' notice to terminate an apartment rental agreement? I have lived in the apartment for two years; the first year was one a one-year lease, but then it converted to a month-to-month arrangement.

Category: Landlord Tenant
Date: 04/07/2025
State: California

Answer:

In California, if you have a month-to-month rental agreement, you must provide your landlord with written notice at least thirty days before you move out. This is based on the law that requires notice equal to the rental payment period (Cal. Civ. Code § 1946). Therefore, a landlord cannot legally require 90 days' notice unless it is specified in your rental agreement and complies with state law.

For tenancies that are not specified, the law states that either party can terminate the agreement with at least thirty days' notice. If you have lived in the apartment for two years, the standard notice period remains thirty days unless your lease states otherwise.

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

Do both tenants need to agree to break a lease?

In a shared lease, both tenants typically need to agree to break the lease unless the lease specifies otherwise. If one tenant wishes to leave, they should consult the lease terms and discuss the situation with the other tenant. If both parties cannot agree, the remaining tenant may be responsible for the full rent until the lease ends or a new tenant is found. It's important to communicate and document any agreements made.

What if one roommate wants to break the lease?

If one roommate wants to break the lease, they should first check the lease terms. Generally, both roommates must agree to terminate the lease. If the lease allows for one tenant to leave, the remaining tenant may need to accept a new roommate or continue paying the full rent. It's advisable to communicate openly and document any arrangements to avoid disputes.

What happens if only one person wants to break the lease?

If only one person wants to break the lease, they may need the consent of the other tenant, as most leases require both parties to agree to changes. If the lease does not allow for unilateral termination, the remaining tenant may be responsible for the full rent. It's crucial to review the lease agreement and communicate to find a resolution that works for both parties.

How long can someone live with you without being on the lease?

The duration someone can live with you without being on the lease varies by lease agreement and local laws. Generally, landlords may allow guests for a limited time, often around 14 days, before requiring them to be added to the lease. It's important to check your lease for specific terms regarding guests and unauthorized occupants to avoid potential issues.

What is illegal for a landlord to do in NY?

In New York, it is illegal for a landlord to retaliate against a tenant for exercising their legal rights, such as reporting violations or requesting repairs. Landlords cannot discriminate based on race, gender, or other protected characteristics. They also cannot lock out tenants, shut off utilities, or enter the rental unit without proper notice. Tenants have rights that protect them from unfair treatment.

What are the rules for termination of lease in Virginia?

In Virginia, the rules for terminating a lease depend on the type of lease. For month-to-month leases, either party must provide at least 30 days' written notice. For fixed-term leases, the lease typically ends on the specified date unless renewed. Tenants should review their lease for specific terms and conditions regarding termination to ensure compliance with state law.