Giving 30 day notice instead of 60

[Lynnette Simpson]

Jurisdiction

California

My boyfriend lives in a big fancy apartment building owned and managed by a large corporation. His lease was to be up on July 22nd and they sent him an email 3 months prior telling him that if he wished to renew, his rent would be going from $3,800 to $4,800 (note the typical CA rental controls do not apply bc it's a newer building). He eventually was able to get them down to $4,200 but this took quite a bit if time and he declined not just because the increase was too much but because I am pregnant and we need to get a place together.

He puts in his 30 days notice on June 29th and is informed that they actually require a 60 day notice. Then on July 1, $6,800 was taken out of his account for rent which when he finally got ahold of someone he was told was his normal rent for July 1 through the 22nd plus the prorated amount for the rest of the month at the 'monthly to month rate' which is $13,095! So now he is has to pay not just this prorated amount for July but the month to month rate for August since he is required to provide 60 days notice.

Is there any way out of this? What if we vacate at the 30 day mark and refuse to pay? This seems like an insane amount to raise the rent. I'm at a loss. Any help is very very appreciated. I am guessing with how large a company this is that the lease is pretty sound. They make it extremely hard to talk to a real person and are very unresponsive in general.

 

[Tax Counsel]

It matters exactly what the lease contract says. These kinds of lease agreements commonly say that if the proper notice is not given in time (in this case 60 days) that the tenancy will convert to a month to month lease, unless of course the tenant signs another new lease for a year. The month to month rate is often high, as in his case, because the landlords want to get the tenant's attention and either provide the 60 days notice of termination or execute a new lease. Those deadlines are in the contract for a reason, and a tenant ignores them at his/her risk that a lot more money may end up being owed to the landlord. I have not read the lease and I am not familiar with any local ordinances that may apply to this. If it is truly the case that his rental is not subject to state or local rent control laws it is likely your boyfriend owes the landlord the month to month rent until he provides proper notice of termination and waits the 60 days. The rent your boyfriend is paying suggests he has a reasonably good income. It may be worthwhile for him to spend a few hundred dollars to consult a local landlord-tenant attorney for a review of the lease and to see how he can get himself out of this situation at the least cost. Otherwise, he'll end up spending a few thousand dollars more for that month to month rental period.

 

[zddoodah]

He puts in his 30 days notice on June 29th and is informed that they actually require a 60 day notice.

Is this consistent with what the lease says?

Also, if the lease term expires on July 22, then June 29 is NOT 30-days' notice.

Is there any way out of this?

One would have to read the lease to know for sure.

What if we vacate at the 30 day mark and refuse to pay?

We? And didn't you say that he has already paid through the end of July?

These kinds of lease agreements commonly say that if the proper notice is not given in time (in this case 60 days) that the tenancy will convert to a month to month lease, unless of course the tenant signs another new lease for a year. The month to month rate is often high, as in his case, because the landlords want to get the tenant's attention and either provide the 60 days notice of termination or execute a new lease. Those deadlines are in the contract for a reason, and a tenant ignores them at his/her risk that a lot more money may end up being owed to the landlord.

I agree with all of this, and particularly the highlighted.

So many people sign contracts without reading or understanding them. They put them in a drawer and never look at them again. Then, when they miss a deadline, they look for a way around the agreement they made, and it's quite irksome.

I also agree about spending a few hundred bucks to have an attorney review the lease.

 

[Lynnette Simpson]

Is this consistent with what the lease says?

Also, if the lease term expires on July 22, then June 29 is NOT 30-days' notice.

He put in 30 days on June 29th so he would be leaving at the end of July. I don't think I indicated that it was 30 days before the 22nd?


We? And didn't you say that he has already paid through the end of July?

I am sorry I said 'we'? It is just him but since we are a couple I said we. Yes he paid through July so this would mean we left at the end of July and did not pay for august.

 

[flyingron]

Barring a provision in the lease for renewal, it is presumed to autorenew based on the period you're paying rent. Since most people pay monthly, the parties need a months notice and if not it goes month-to-month after that.

Any autorenew clause in a legal California lease has to be set forth in "at least 8 point boldface type."

 

[Tax Counsel]

flyingron has given you the general rule when the lease does not contain express provisions about renewal. But if your lease has express terms that are different, those terms are what need to be followed. From your description of the lease, I'm betting it does specifically address the issue of how much notice is needed since it does have the holdover provision containing the big rent jump if you don't follow the terms of the lease for renewal or termination of the lease. So read that lease carefully.

 

[stealthy1]

Why don't you just move into his place?

 

[Lynnette Simpson]

Why don't you just move into his place?

Thank you for the legal advice.