30-Day Notice: Landlords’ Legal Rights With Tenants


April 8, 2019

Sometimes, the situation with a tenant isn’t working out like you may have hoped. Maybe they are constantly late on the rent, noisy, or destructive. No matter what the issue, if you want them out, you must follow a few steps. For example, providing a 30-day notice to a tenant in California.

Having a month-to-month lease can be beneficial for both you and the tenant. If they are unsure how long they will be staying in the property, consider putting a month-to-month agreement in place. They may not be willing to commit to an entire year. This can also be beneficial should the need arise to evict them.

If a tenant wants to get out of a month-to-month lease, they have to give a 30-day notice to a landlord in California. On the flip side, if a landlord wants the tenant out, they must give the tenant a 30-day notice. Landlords need to give a 60-day notice if the tenant has lived in the home for over a year.

 

Forgoing the 30-day notice

There are ways to get around having to give a 30-day notice to a landlord in California. These suggestions are beneficial for both parties and aren’t against the law. This includes terminating the lease by mutual consent. Both the tenant and landlord can agree to terminate the lease without the renter staying for another month.

Put the termination agreement into writing if this situation arises. This can include the date of termination, the date the tenant needs to be out of the residence, and any other information that is important. This other information might include whether the tenant forfeits the security deposit or the landlord agrees not to sue the tenant for rent owed. Both parties should then sign the document. This will ensure that there is no misunderstanding in the termination or problems down the road.

Other circumstances that wouldn’t require a 30-day notice to a landlord in California include if a tenant breaches the lease. There are two types of breaches that can occur: curable and incurable. In both cases, the landlord will serve the tenant with a three-day notice that says they will be terminating the lease.

man sits at a desk ripping up a contract in front of another man who is sitting with his head in his hands

If the breach was curable, the tenant has three days to rectify the situation. Examples of curable breaches include the renter having an unapproved pet on the property or not paying the rent. The lease remains in effect if the appropriate action to fix the digression is taken. If not, the landlord can terminate the lease. The landlord must file a lawsuit to get the tenant evicted if the lease gets terminated and the tenant doesn’t voluntarily leave the premises.

When it comes to a breach that is incurable, including the tenant committing a crime that puts other tenants at risk (such as dealing drugs, stalking, or other unlawful activities), the landlord has to give a three-day notice that they are terminating the lease. After three days, the tenant must leave the premises. If they don’t, again, the landlord will have to file a lawsuit to evict the renter.

If a landlord violates the lease agreement, the tenant can leave at any time without giving notice. These violations generally fall under the regulations of needing a dwelling that is uninhabitable. In California, that means there is no water or electricity or the residence is exposed to the outside elements.

It is the responsibility of the tenant to notify the landlord of such issues either orally or in writing. The landlord must fix the issue within a reasonable amount of time. If they don’t, then the tenant can move out without notifying the landlord.

If you’re looking for ways that you can make your property habitable and inviting for tenants and the rights and responsibilities of each person, working with a company like Blueground could be a great resource. With a specialty in month-to-month rentals, Blueground is familiar with turning over apartments between tenants.

 

Notices based on state law

These notices are based on California law. They ensure that both landlords and tenants have their rights recognized when it comes to renting property to live. In some cities, including San Francisco, there are other notice requirements that have been put into place that both tenants and landlords have to abide by. These often apply to people who receive state or federal housing assistance, including Section 8 vouchers for housing. Low-income families needing financial assistance are awarded Section 8 vouchers. They must also go through an application process to find out if they meet the requirements.

man sitting at a table with an open law book and pointing with a pen with a gavel in front of him

In general, a tenant can leave a property at any time, regardless of their lease term. However, doing so without proper notification can make them liable to pay the rent until their lease period is up. This may not be an issue if the landlord can find another renter in a short amount of time. However, it could get expensive if the tenant has to pay for two places to live.


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