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Does a tenant have to give a 30 day notice on a lease with an expiration date in California?

Discuss anything relating to Consumer Law

Does a tenant have to give a 30 day notice on a lease with an expiration date in California?

Postby bachir93 » Sun Oct 30, 2011 6:15 am

I am currently renting my property in Contra Costa County, the lease has an expiration date and no clause mentioning that a thirty day notice is required from either parties. Its a standard C.A.R form LR used by the rental agency and generally does not have such clauses. My tenant has not given me a 30 day notice, I had emailed them on 2/2 nquiring if they were going to renew the lease. The response came back on 2/21 and was unclear. The final response was sent via email on 2/23. As a landlord, I did not get a chance to market the home on time and will be losing rent till new tenants are found. As per Dept of Consumer affairs, no notice is required on leases with an expiration date, however when I called them to clarify they directed me to the county counselor for landlord/tenant rights as they have different laws.
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Does a tenant have to give a 30 day notice on a lease with an expiration date in California?

Postby hawiovi » Sun Oct 30, 2011 6:18 am

I am currently renting my property in Contra Costa County, the lease has an expiration date and no clause mentioning that a thirty day notice is required from either parties. Its a standard C.A.R form LR used by the rental agency and generally does not have such clauses. My tenant has not given me a 30 day notice, I had emailed them on 2/2 nquiring if they were going to renew the lease. The response came back on 2/21 and was unclear. The final response was sent via email on 2/23. As a landlord, I did not get a chance to market the home on time and will be losing rent till new tenants are found. As per Dept of Consumer affairs, no notice is required on leases with an expiration date, however when I called them to clarify they directed me to the county counselor for landlord/tenant rights as they have different laws.
Yes, a 30 day notice. You do not need a clause, as it is state law. Laws do not have to be in contracts.

However, in the courts "30 day notice" is a legal title to the notice. That tenant will be allowed to give a 28 day notice in Feb with no reprecussions. They really mean a month notice, no matter how long the month is.
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Does a tenant have to give a 30 day notice on a lease with an expiration date in California?

Postby lundie » Sun Oct 30, 2011 6:19 am

So even if the law is on your side, what do you intend to do?

Start marketing your unit and if they aren't out by the lease end, initiate the eviction process.
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Does a tenant have to give a 30 day notice on a lease with an expiration date in California?

Postby chavivi » Sun Oct 30, 2011 6:29 am

On the CAR form, section 29, there is a section where your rental agency could have made a 30 day notice a condition of moving out. If it is not marked, this is what I would do:

First, email the tenants and outline the lease terms reminding them that unless otherwise informed, you are assuming that they are moving out at the time of expiration. Of course, if they had been good residents, you will want to make it a nice: "You guys have been great tenants and I hope that you will renew for another year!" In the email, make sure you give them a deadline to let you know by. Also, it might help to attach a renewal so if they plan to, they can sign it and mail it back to you.

Second, if you dont hear back from them before that requested deadline, I would put a 24 hour notice for entry on their door so that you can look at the condition of the home, but I would tell them that I have to enter to show a prospect. Then bring a friend with you acting as the prospect just in case they are home at that time.

Doing this nicely should light a fire under their butt in keeping you informed of their decisions. Just be upfront with them in your initial email about how you dont want to kick them out on the street but would also like to be able to budget properly for marketing the rental property if they choose to move out. If their reply email is still unclear, give them a call or go visit them.

-- edit --

Evictions cost a lot of money and take a long time. You will lose about 2 months of rental income and there is a good chance they will be pissed off and may do damage to your home. Evictions only make sense if they refuse to leave and refuse to pay rent.
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Does a tenant have to give a 30 day notice on a lease with an expiration date in California?

Postby vruyk » Sun Oct 30, 2011 6:31 am

I've never heard of no notice being required on leases with an expiration date - and what is and isn't required of the tenant is usually spelled out pretty well on the lease itself - it's odd yours doesn't have that clarification on it. I always understood that once the lease expires it rolls into a month-to-month tenancy unless either party gives notice. Since they haven't given you notice, I would think you would have every right to hold them to tenancy or withhold their deposit if they moved out. In the future I would use a different form or add a clause in there that 30 day notice is required prior to the end of the lease term informing you whether they are renewing the lease or giving notice to vacate. It would have been such a simple solution to the problem.
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