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notice to not renew a lease Extension, Renewal

Discussion in 'Other Residential Landlord & Tenant Issues' started by Belvedere, Jun 16, 2015.

  1. Belvedere

    Belvedere Law Topic Starter New Member

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    Our lease period is ending June 30. We just received a notice to renew the lease for another year July 1 at a higher rent amount. We want to move out. We have been here more than a year. The notice was received by us on June 11, when our rent is due on the 1st of each month. We want to know in order to leave, do we give notice on July 1 and leave by July 31st, and if so, do we pay the new rent amount on July 1 or the current rent amount. We would like to give notice July 1 and leave by the end of July. We dont want to pay higher rent for what we have.
     
  2. army judge

    army judge Super Moderator

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    our lease governs until it expires.
    I suspect your lease says, you must give a 30 day notice.
    In about two weeks, the lease ends, and your tenancy converts by state statute to a month to month tenancy, or as teh law calls it, "a tenancy at will".

    In California, tenancies at will come in many sizes. LOL

    However, in this case, your answer is an easy one.

    To end a periodic rental agreement (as California labels the type of tenancy you will soon encounter, a month-to-month agreement), you must give your landlord proper written notice before you move.

    In your case you must give the landlord the same amount of notice as there are days between rent payments.

    You pay your rent monthly, therefore, you must give your landlord written notice at least 30 days before you move.

    I suggest you serve your move out notice today, in person and also by certified mail (return receipt requested) with an effective move out date of 31 July 2015.

    By serving yoru notice, sooner rather than later, your landlord may counteroffer to allow you to stay at your current rate.

    If not, there will be no confusion when August 1st arrives.

    Finally, the rent you pay will be the higher rate you mentioned in your post.

    I suggest you budget for that now, unless your landlord counteroffers in WRITING.

    _________________________________________________________________________________________


    Last point: Your landlord may have breached by making contacting you on 11 June with the rent increase.
    I'd read my lease to be sure, because if you are required to provide 30 day notice, your landlord is, too.
    That said, you might try to negotiate by mentioning the notice to raise the rent was sent 11 days too late.
    I'd avoid getting into a shouting match, but if you wnat to stay, you might be able to GENTLY and SMOOTHLY be able to negotiate a 24 month lease at the rate you paid this month.
    Its worth a shot, because if the landlord disagrees, you still have time to provide in writing your move out notice.

    If a NEW agreement is reached, get it in writing and signed by both parties.
    In other words, a new lease, or an addendum to your current lease if this is accomplished before 30 June!!!
     
    Last edited: Jun 16, 2015
  3. Belvedere

    Belvedere Law Topic Starter New Member

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    I was not very clear. My friends are the tenants. They were notified on June 11 of a rent increase to start on July 1. I think landlord assumed they were renewing their lease. My question about the rent increase is whether they have to pay the higher rent on July 1 or the old rent because they are not signing a new lease. They plan to give notice on July 1 to vacate by July 31.
     
  4. army judge

    army judge Super Moderator

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    You were very clear, it doesn't matter if you're the tenant, Donald Trump, Mickey Mouse, or a gorilla; the answer remains the same.
    I'll repeat myself.
    Their current lease expires 30 June, according to your representation.
    If they "holdover" from 01 July through 31 July, because the lease expires on 30 June, they no longer will receive the current rate.
    Therefore, the new rental rate would apply.
    No, they don't HAVE to pay it, but by NOT paying it; the landlord will likely bring an eviction action.

    However, they must READ their lease.
    In certain leases, what they might do, would be called a "short term" holdover.
    It might be capped at 30 to 90 days, and the rate could remain the same.
    Read the lease because it could have the exact answer sought.
    Have them read their lease, or do it for them, if they require further information; or speak with the landlord (or his or her representative).

    If they give notice on July 1st, they can't move (without incurring more costs) on July 31st.

    In your state, California, requires at least ONE MONTH notice for month to month tenancies.
    Giving notice on 1 July and expecting to vacate on 31 July could cause problems.

    At the latest, the notice should be given on 30 June, but why cut it so close?
    They KNOW they are leaving on 31 July, so give notice on 16 June, 17 June, even 20 June, don't wait.

    ______________________________________

    Plus, I said this previously:

    To end a periodic rental agreement (as California labels the type of tenancy you will soon encounter, a month-to-month agreement), you must give your landlord proper written notice before you move.

    In your case you must give the landlord the same amount of notice as there are days between rent payments.

    You pay your rent monthly, therefore, you must give your landlord written notice at least 30 days before you move.

    I suggest you serve your move out notice today, in person and also by certified mail (return receipt requested) with an effective move out date of 31 July 2015.

    __________________________

    Again, have them read their lease and communicate with their landlord.
    Why?
    Because they likely want to maximize what they receive on their deposit back.
    Find out from the lease and the landlord HOW to make that happen.
    They should also schedule a final breakthrough on the day they depart.
     

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