Lease is up in 6 days. Landlord has not giving a notice to move out. Lease moves in to Month To Month?

Question

Do not know what the landlord is doing. Already tried to evict us because he wanted to sell the house. We won the unlawful detainer case. Said he'd never talk to us anymore. Now its 6 days before lease is up and havent heard from him. What are the legal issues that go along with moving out? does he have to give us notice or do we give him notice? if we wanted to stay say only one more month, do we give that notice? Any information would help

Answer 1

In california, unless specified in your lease, you automatically become month to month. The land lord needed to notify you 30 days in advance that you needed to move. I'm pretty sure once the lease is up, he/she will server you with a 30 days notice to leave.

Regards

Answer 2

Read your lease - it most likely defines the notice required once the lease goes month to month. It's common for it to be 30 days, but your lease could say something different.

Answer 3

It should be stated in your lease, but I would say that you have to give him 30 days notice before you move and vice versa.

Answer 4

Whoever wants to end the month-to-month tenancy gives notice.

So, if you want to move out, give written notice (and I'd suggest certified mail with return receipt because it sounds like you to have battled before) 30 days before you move out.

If he wants you to move out, he also needs to give you 30 days notice in writing.

If you don't give proper notice, you will be liable for rent during that period.