California statutes, along with the statutes in all other nations, provide several kinds of notice requirements related to landlord and tenant associations. One sort of notice requirement is that associated with the tenant terminating certain forms of lease or lease agreements, including monthly contracts. In California and several other states, the 30-day note is used in such situations.
Function
The operation of this 30-day note is to give the landlord with a sensible period of time to commence the practice of searching for a new tenant to occupy the premises when a tenant vacates.
Considerations
All states maintain laws that need some type of notification to the landlord when a tenant intends to vacate the premises. By way of example, using a month-to-month rental, most states’ laws require notice to be given prior to the first of this month. The final day of the month following the note becomes the last date that the tenant is permitted at the premises. The renter pays rent for the whole month. California law is different because a 30-day note is permitted any time throughout the month, with the last date of occupancy 30 days from the date that the notice is delivered to the landlord, according to the California Department of Consumer Affairs.
Lease Conditions
California law permits the landlord and tenant to enter into a rental arrangement that modifies the notice principle that otherwise exists, according to the California Department of Consumer Affairs. By way of example, instead of a 30-day note, the tenant and landlord may agree, in a written rental agreement, to inflict a 10-day note in its place.
Misconceptions
A common misconception is that a renter doesn’t need to offer a landlord with any type of notice in the event the rental is month-to-month. The misconception is that the renter merely vacates the property in the close of the month, whether or not she provided notice to your landlord. In reality, the landlord is whatever period is agreed to in the rental contract, or entitled to a note.
Caution
Your landlord’s rights to a 30-day notice include the ability to look for lease for an additional term — usually 1 month — if the tenant fails to give proper notice. The landlord is entitled to this additional lease regardless of if the tenant remains in the property. The landlord can deduct this additional rent charge from the safety deposit, based on”The California Landlord’s Law Book” by David Brown, Ralph Warner and Janet Portman.
