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Can a landlord terminate a month to month lease without cause in California?
By the California Civil Code, a landlord can terminate a month-to-month tenancy for any reason, simply by serving notice. The notice does not have to say why the landlord wants you to move out.
What happens when a lease goes month-to-month?
When your lease expires, your landlord may offer a month-to-month option. A month-to-month lease means there’s no set agreement on how long you’ll be living in the apartment, and you can leave whenever you want (with proper notice of course).
How much notice is required to terminate a month-to-month lease in California?
Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.
What rights does a sublease have?
Under a sublease, you grant a lease of all or part of your premises to a new tenant. You remain liable under your lease from the landlord, and continue to pay rent to your landlord and to otherwise deal directly with your landlord. The subtenant pays rent to you and normally has no direct dealings with your landlord.
Does a subtenant have rights?
A subtenant is someone who has the right to use and occupy rental property leased by a tenant from a landlord. A subtenant has responsibilities to both the landlord and the tenant. The tenant still remains responsible for the payment of rent to the landlord and any damages to the property caused by the subtenant.
Is a lease valid if not signed by landlord California?
Yes, a contract to lease is legally binding in California. A lease delivered and signed by the landlord is enforceable if the tenant fails to sign. Alternatively, by paying the rent and moving onto the property, the tenant is presumed to accept the lease even if they do not sign it.
What’s the difference between a lease and a month to month agreement?
Unlike a long-term lease agreement, a rental agreement provides tenancy for a shorter period of time—usually 30 days. In most cases, rental agreements are considered “month-to-month,” and automatically renew at the end of each term period (month), unless otherwise noted by tenant or landlord.
What does month to month contract mean?
The tenant will pay to lease the property on a month to month basis, hence the term, month to month lease agreement. The question that arises is whether the tenant will have to give the same notice period when deciding whether to cancel the lease.
Do you have to give a 30 day notice on a month-to-month lease in California?
Notice Requirements for California Tenants Unless your rental agreement provides a shorter notice period, you must give your landlord 30 days’ notice to end a month-to-month tenancy. Be sure to check your rental agreement which may require that you give notice on the first of the month or on another specific date.
When does a tenant become a subtenant on a lease?
If a tenant is the only person on the lease, but his roommate has lived with the tenant for less than 30 days, the new occupant is a subtenant. If a lease exists between a tenant and a landlord, but does not name roommates, and the roommates pay rent to the tenant, they are subtenants.
When does a lease convert to month to month?
Some lease agreements state that the lease will automatically convert to a month-to-month agreement when the original term of the lease agreement expires.
Can a tenant assign a property without a sublease agreement?
Conversely, if the lease prohibits only subletting, the tenant would be able to assign the lease without their landlord’s approval. Both actions are prohibited only if the lease says that the tenant cannot sublease the property OR assign the lease without the landlord’s consent.
Can a tenant sublet a house in California?
Most leases will have a clause stating that prior permission from the landlord is necessary, but if it does not mention subletting at all, California law presumes that a tenant may sublet. Even if a lease prohibits subletting, that tenant may sublet, depending on her location and with the landlord’s consent.