Rental issue

blocks said:
Hello TI folks,

I currently live in private landlord. My lease termination is up on Apr 15 for one year lease. We didn't talk about any contract after the lease. Because the landlord *seems* to be nice and would like us to stay. Me and my landlord had some verbal agreement on Mar 20 and I want to stay for another 6 mon. She said she will prepare some document for that but never shown up. Thanks for new tax cut, yesterday she suddenly send me a email that she will like to sell her home and have us to move out before Apr 26. In the situation that we are about to stay for one year on Apr 15, and we didn't have any contract signed one month before lease end. Does landlord still have 30-day notice? Should it be 60day? Can we deduce our Apr15-26 rent from deposit? Can we stay longer than Apr 26 to be not nice to them?  Thanks!
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You have to look carefully at your original rental agreement. It will usually state in the lease agreement what will happen at the end of the term. I believe the standard rental agreements usually go month to month automatically at the end of the term. That would usually give both the renter or landlord the option to break the lease with 30 days notification. So you may be out of luck if the landlord wants you out. If you stay longer they may have the right to evict you.

As for rent, you will stay need to pay a prorated amount for the remaining time you stay in the property. Usually the landlord will not take it out of your security deposit unless you have a separate written agreement. Security deposit will only come back to you after your lease ends and the place is inspected for damage/cleanliness. Good luck finding a new place.
 
Actually, while the lease does convert to a 30d one after a year usually, the 30d applies to the tenant.  CA landlords now are required to give 60d notice, regardless of the lease.

A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out.
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http://www.courtinfo.ca.gov/selfhelp/other/landtenqa-land8.htm
 
Thank iacrenter and freedomcm.

The link content reads:
"A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out."

I got my landlord 30-day move-out notice 10 days before 1-yr residency. Should I still have a 60-day notice?
 
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