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In CA, are you required to give 30-days notice......?
when you want to move out even though you have no written lease/rental agreement with the landlord?
My old roomie up in San Francisco wants to move out of the apartment she has lived in for 11 years. The landlord is a 90 something year old man, who is kinda losing his mind. There was never a lease, everything was agreed upon orally (rent amount, when rent is due, etc.) They never discussed anything with regards to giving 30-day notice before moving out.
I went on CA Dept of Consumer Affairs website and read a little blurb about "Oral Rental Agreements" which says the following:
"Any time that a tenant and a landlord agree to the lease of a rental unit for more than one year, the agreement must be in writing. If such an agreement is not in writing, it is not enforceable."
Does anyone know if the above would apply to the 30-day notice rule as well?
Thanks for everyone's responses...
With regards to her even thinking about NOT giving a 30-day notice, its been sheer hell living there the past 15 months. The building is in major disrepair, he's refused to bring in licensed contractors, the drywall underneath the windows in many of the rooms is totally mushy/rotting, there's been mold all over the bathroom ceiling for at least 12 months (which he just painted over for a quick fix)...the list is quite long actually. She's gone through all the required steps, he's been cited for numerous violations, etc. etc. So, at this point, she's just had enough of all the headaches and has found a place nearby, that's clean and safe for her and her small daughter, that she can move into on 4/1.
5 Answers
- LoriLv 61 decade agoFavorite Answer
If he agreed to a shorter period, that would be his perogative. Make sure she gets any agreement in writing though.
Seems after 11 years, 30 days notice is the least she could do.
- Anonymous1 decade ago
Why would she want to cause problems for a 90 year old man?
That is really horrible.
But, yes, she needs to give him a 30 day notice and he is required to give her a 60 day notice.
With real estate no written lease simply means that you fall back on the areas real estate laws. No lease does not make anything you want to do legal.
Since she has been there forever she should give him more like a 90 day notice, as he will have to plan for the repairs needed before he can rent it again.
- ►►BLOGGER◄◄Lv 51 decade ago
Since there is NO written lease/rental agreement then the landlord cannot sue you in court for not giving a 30days notice.
- ?Lv 45 years ago
The 30 days' word in simple terms applies to a month to month tenancy, no longer a employ undertaking. in case you signed the settlement and agreed to grant a minimum of 60 days word, then it fairly is the quantity of word required till the tip of the employ term, at which factor it could revert to 30 days.
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- Anonymous1 decade ago
Yes if you want your deposit back and if they dont' send it to you in 21 days after they have to give you your full deposit back.
Source(s): My landlord tried ripping me off.
