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How much notice to give up apartment?

Discussion in 'Commercial Landlord & Tenant Issues' started by Laura Nelson, May 31, 2016.

  1. Laura Nelson

    Laura Nelson Law Topic Starter New Member

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    Jurisdiction:
    California
    I have been living in a rented apartment for 4-1/2 years. Originally a yearly lease, then we went to 6 monthly at my request. Expires end of next month and having asked the owner if I could remain an extra month or two in order to recuperate from back surgery, she has now told me I have to leave at end of the month (June), thus giving me only 30 days' notice. Does the 60 day law apply here? Or not? Please help. I'm desperate now.
     
  2. army judge

    army judge Super Moderator

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    Probably, unless the landlord brings an eviction action.
    The law says one thing, the other party often does another.

    If you're operating under a written six month lease, read the lease.

    I think you're confused about a month to month tenancy.

    Anyway, here's the law in your state:

    California Tenants - California Department of Consumer Affairs
     
  3. Laura Nelson

    Laura Nelson Law Topic Starter New Member

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    Thank you for clarifying month to month lease. However, I don't have a lease. I only ever had the original 1 year lease 4-1/2 years ago. AFter that, I signed 'amendments to the lease'. And the last 'amendment' expires end of month.
    Can that help me in any way to buy an extra 1 or 2 months?
    Thank you for responding previously.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    A written 6 month amendment to a lease is just the equivalent of another 6 month lease. So, yes, you do have a lease. It expires June 30.

    The way I read the statutes is that, when the term is specified by the parties (your 6 month amendment) the tenancy ends at expiration and you would be expected to leave at the end of that period.

    Notice of termination is not required at all because the notice of termination is already written in the agreement, it's the date of the end of the agreement.

    That she gave you at least 30 days notice was a courtesy on her part and she has no obligation to give you more time.

    CA Codes (civ:1940-1954.1)

    You can offer to pay a higher rent for the extra month or two. Money might convince her to let you stay.
     
  5. Laura Nelson

    Laura Nelson Law Topic Starter New Member

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    Thank you so much for your response. Now fully understand and appreciate the situation. Thank you again.
     

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