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    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.

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