Month To Month Rental Agreement

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month to month rental agreement
In California, can you be evicted after you give 30 day notice to terminate a month to month rental agreement?


NO!  Not unless there is something on the rental agreement that you breached. This is why it’s always good to read ANY rental or lease agreement fully before signing it! If you break any of the rules stated in the agreement, the landlord has you and can remove you within his legal rights.


In California, as in most states, you must give the landlord the same number of days’ notice as there are days between your rent payments. So if you pay the rent monthly, you must give the landlord written notice at least 30 days before you move out. If you pay rent every week, you must give the landlord written notice at least seven days before you move. This is true even if the landlord has given you a 60-day notice to end the rental agreement and you want to leave sooner. If your rental agreement specifies a different amount of notice (for example 10 days), you must give the landlord written notice as required by the agreement.

To avoid later disagreements it’s a good idea to date the notice, put the date that you intend to move, and make a copy of the notice for yourself. Then simply deliver the notice to the landlord or property manager in person, or better yet mail it by certified mail with return receipt requested.

You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)

The rental agreement or lease agreement must have the name and address of the person or entity to which you must make rent payments. If this address does not accept personal deliveries, you can mail your notice to the owner at the name and address stated in the lease or rental agreement. If you can show proof that you mailed the notice to the stated name and address (for example, a receipt for certified mail), the law assumes that the notice is receivable by the owner on the date of postmark.


Landlord Quick Tip # 1

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One Response to “Month To Month Rental Agreement”

  1. Lease Agreements And Security Deposit Facts | Adoption Lawyers Says:

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