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What if i do not have a lease or rental agreement, am I required to give 30 days notice if I want to move?

Having a dispute with a tenant or landlord? Rental Law discussion

What if i do not have a lease or rental agreement, am I required to give 30 days notice if I want to move?

Postby chay » Sun Nov 20, 2011 10:36 am

I do not have a lease or rental agreement with the management company that takes care of the apartment I am currently in. If I want to leave am I required by California state law to give 30 days notice?
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What if i do not have a lease or rental agreement, am I required to give 30 days notice if I want to move?

Postby teithi71 » Sun Nov 20, 2011 10:42 am

In short, you have to give notice no less than the time between rent payments being due. Most of the time that's 30 days, but if for some reason you pay every 15 days then that would be all the notice you'd need to give.

You do have an agreement with the management company. It either moved from a lease to a month to month agreement upon expiration of the lease or you have a verbal agreement from when you moved in.

California Civil Code 1946 states:

".....deemed to be renewed as stated in Section 1945, at the
end of the term implied by law unless one of the parties gives
written notice to the other of his intention to terminate the same,
at least as long before the expiration thereof as the term of the
hiring itself, not exceeding 30 days; provided, however, that as to
tenancies from month to month either of the parties may terminate the
same by giving at least 30 days' written notice thereof at any time
and the rent shall be due and payable to and including the date of
termination......"

Also, regardless of what is repeated here, in California you do NOT have to give notice on the 1st. 30 days is 30 days. Prorated rent will be due only. This is also in the civil code.
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What if i do not have a lease or rental agreement, am I required to give 30 days notice if I want to move?

Postby dennie18 » Sun Nov 20, 2011 10:46 am

That is normally so.

If you have rented month to month your landlord is also required to give you a 30 day notice. If renting over a year, the landlord is required to give you a 60 day notice. Not giving the 30 day, may effect your security deposit, not always though. Some landlords will work with you if you were a good tenant, others will work with you if they want you out sooner, I have seen and had both.

Try the AOA or Apartment Owners Association
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What if i do not have a lease or rental agreement, am I required to give 30 days notice if I want to move?

Postby augustus » Sun Nov 20, 2011 10:57 am

I would give 30 days notice. Especially if you are using them as a reference. rather the law requires it or not. Good word of mouth recommendatio is the best. Give the notice and ask for a recommendation in writting.
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What if i do not have a lease or rental agreement, am I required to give 30 days notice if I want to move?

Postby hurst » Sun Nov 20, 2011 11:02 am

That's called a month to month tenancy. Most everywhere requires 30 days WRITTEN notice and most require that it be given on the first of the month or the day you pay your rent. Look up property law on your state's web site.
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What if i do not have a lease or rental agreement, am I required to give 30 days notice if I want to move?

Postby shipley » Sun Nov 20, 2011 11:04 am

Yes. You have to give a 30 Day Notice.

You are on a month-to-month agreement.
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What if i do not have a lease or rental agreement, am I required to give 30 days notice if I want to move?

Postby parnell » Sun Nov 20, 2011 11:19 am

Yes. You have to give a 30 Day Notice.

You are on a month-to-month agreement.
Presumably if you have no rental or lease agreement, you can leave whenever you want (or stay there and not pay any rent!).
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What if i do not have a lease or rental agreement, am I required to give 30 days notice if I want to move?

Postby modraed » Sun Nov 20, 2011 11:34 am

I doubt it. Liberal states like CA let tenants do pretty much anything they want.
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