- Jurisdiction
- California
We gave our one month notice to vacate to our landlord today and he is arguing that we have to give 45 days notice. We are currently month to month as our term for 2A, which we originally signed, has expired. We agreed to pay $50 more a month. Below is what is written on our lease agreement showing why my landlord and I are not seeing eye to eye:
2 TERM The term begins on (date) 05/1/18("Commencement Date", (Check A or B):
A Month-to-Month: and continues as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date.
B Lease: and shall terminate on (date) 05/1/2019 at 12:00PM. Tenant shall vacate the Premises upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2A. Rent shall be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect. (iv) See "Addendum: Notice to Vacate" for giving proper notice to end tenancy.
Addendum - Notice to Vacate At least 45 days prior to termination of the Lease as set forth in Section 2B of the Lease, Tenant agrees to provide Landlord with written notice as to Tenant's intent to either vacate or renew the Lease subject to further agreed upon terms at that time with Landlord. All other terms of the lease remain.
2 TERM The term begins on (date) 05/1/18("Commencement Date", (Check A or B):
A Month-to-Month: and continues as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date.
B Lease: and shall terminate on (date) 05/1/2019 at 12:00PM. Tenant shall vacate the Premises upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2A. Rent shall be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect. (iv) See "Addendum: Notice to Vacate" for giving proper notice to end tenancy.
Addendum - Notice to Vacate At least 45 days prior to termination of the Lease as set forth in Section 2B of the Lease, Tenant agrees to provide Landlord with written notice as to Tenant's intent to either vacate or renew the Lease subject to further agreed upon terms at that time with Landlord. All other terms of the lease remain.