Re: Question: Is the 30day Notice Void if property keys late
Posted by Vickie Stephan on 8/22/09
On 8/19/08, -- wrote:
> 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
> 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
> (4) Tenancy by Sufferance or a “hold over tenant.” After
> 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.
> 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.