Re: CA - Law Changed After Rental Contract signed
Posted by -- on 8/19/08
On 8/19/08, Laura wrote:
> I live in California and signed a month-to-month rental
> agreement on Sept 2005. The contract requires a 30 day
> termination notice from either the tenant or landlord.
> In Sept 2007 CA law changed requiring landlords give a 60
> day notice - if the tenant has resided there for more than
> one year.
> Question: Does the 60-day law overrule the 30-day contract?
There are several types of lease agreements.
(1) Tenancy of Years is an agreement for a fixed length of
time. No notice of termination is required. When the term
of the lease is up – the lease is over
(2) Periodic Tenancy is a contract for a period to period
length of time. The lease is for a minimum period such as
month to month or year to year. Notice before the end of the
period of time is required to terminate the periodic lease.
For a one year periodic lease a six month notice is usually
required to terminate the lease. For lesser periodic leases
usually notice at least the length of the lease is required.
(i.e. 30 days notice for a 30 day periodic lease)
(3) Tenancy at Will is a lease that is at the will of the
landlord. Usually 30 days notice is required of either party.
(4) Tenancy by Sufferance or a “hold over tenant.” After the
expiration of a lease if a tenant remains on the property
paying monthly rent and the landlord does not eject them by
force of law, the tenancy is “at will” generally requiring a
30 day notice by either party.
(5) Commercial leases have a different set of rules for hold
over tenants. A commercial hold over tenant on a year to
year lease may be obligated to another one year period if
they hold over.
I am not familiar with the "new law" in CA you speak of that
requires 60 days notice if you have resided in a rental unit
for one year or longer. Without a citation to the statute
(law) I am at a loss. It seems incongruous to require a 60
day notice on a "tenant at will" agreement even if you have
resided in the same unit for 12, month to month periods. The
reason for a month to month or "tenant at will" contract is
to limit the landlord’s responsibility (and yours) to commit
to a lease for longer than a 30 day period. Maybe after one
year of month to month rental, CA wants to make a “tenant at
will” agreement a 60 day notice obligation on the landlord's
part but only 30 days on the tenant's part.
Let me know if you can find a statute citation, I can then
find it on Westlaw without having to do a key word search.
Most of what I have discussed is "common law" contract law.
Landlord tenant codes vary widely so you must evaluate any
situation under your state/county/city law.
Posts on this thread, including this one
- CA - Law Changed After Rental Contract signed, 8/19/08, by Laura.
- Re: CA - Law Changed After Rental Contract signed, 8/19/08, by --.
- Re: Question: Is the 30day Notice Void if property keys late, 8/22/09, by Vickie Stephan.