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In california, are you required by law to give 30 days notice to move out if a rental contract was never signe?

  
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In california, are you required by law to give 30 days notice to move out if a rental contract was never signe?

Postby nann » Thu Nov 24, 2011 5:42 am

I live in berkeley, ca and I never signed any type of rental agreement or contract, the house has other people. Do i still have to give a 30 days notice before I move out?
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In california, are you required by law to give 30 days notice to move out if a rental contract was never signe?

Postby emek » Thu Nov 24, 2011 5:49 am

Yes, by law. You did make an agreement, by moving in and paying rent, no actual contract is required.
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In california, are you required by law to give 30 days notice to move out if a rental contract was never signe?

Postby golding » Thu Nov 24, 2011 5:54 am

Yes. California Landlord Tenant law governs your tenancy if there is no written lease.

If you paid rent monthly, then you are a month to month tenant and 30 days written notice is required by law.

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

Giving and Receiving Proper Notice
Tenant's notice to end a periodic tenancy

To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move.

You must give the landlord the same amount of notice as there are days between rent payments. This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move.

To avoid later disagreements, date the notice, state the date that you intend to move, and make a copy of the notice for yourself. It's best to deliver the notice to the landlord or property manager in person, or 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.)179
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In california, are you required by law to give 30 days notice to move out if a rental contract was never signe?

Postby abelard29 » Thu Nov 24, 2011 6:00 am

If you have no rental agreement then you don't officially have to give notice as their is no agreement in place. However, if this will effect the other people in your house I certainly would let them know as it could effect their rent payments if applicable.
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