i live in San Diego CA and i love it but it is so expensive. my lease was up a year ago and know i want to move but i am not going to give the manager a notice i am moving a week before the end of the month and there is no damage to the apartment so i want to know what will happen? and if this will affect my credit? so let me know fast cause i have a week to do everything PLEASE NO SMART *** ANSWERS!
2007-11-14 07:09:02 · 16 answers · asked by brendaO 1 in Business & Finance ➔ Renting & Real Estate
Even as a month to month you need to give 30 days notice in CA. The landlord can sue you, and will win the rent for those 30 days if the amount, plus your damage is more then the deposit you left.
If he sues you it will effect your credit, otherwise it will not.
2007-11-14 07:23:43 · answer #1 · answered by Landlord 7 · 0⤊ 0⤋
I honestly do not think so... I live in in NY and when I moved out of one apt into the next, I wrote a kind letter to the management and they were ok with me moving even before my lease expired...
However, each lease is different and each state is different. You have to look at the terms of you agreement. In the tiniest little print it may tell you what you are able to do.
I actually have a membership to Pre-paid legal services and am an associate as well...
With this membership, I am able to consult with an attorney about this type of issue and many others...
You may want to have an attorney to look over the next lease before you sign it. If you have not done so already. The attorneys will look for things that may not be to the benefit of the tenants and give you advice on how to revise it before you sign it.
As far as it affecting the credit? Well, if it were my situation, the attorneys that I have access to will also be able to answer that as well.
If you wish you can take a glance at the services provided by the company I just described by visiting this link:
http://prepaidlegal.com/hub/bontzolakesk
2007-11-14 07:27:27 · answer #2 · answered by Kathe X 1 · 0⤊ 1⤋
Legally you are on a month to month lease and you are obligated to give 30 days notice to vacate. If you move with no notice you will forfeit your security deposit and it could affect you getting another place to rent if they call for a landlord reference, the landlord will say you moved with no notice, in addition if they dont' know you moved they will automatically charge you rent for December, when they don't receive it they will then send it to collections or attempt to evict you. If they cannot locate you it will show up on your credit report and become a real mess, you will say you vacated before December they will say they have no record and as far as they are concerned you are obligated then it's your word against theirs. Give your LL 30 days notice and be done with it, put it in writing so you have a copy for your files, make sure you do a final walk thru so they don't charge you for something you didn't do and get your security deposit back, if rent is so expensive I'm sure that extra money will come in handy towards your new location.
2007-11-14 07:23:10 · answer #3 · answered by Weimaraner Mom 7 · 0⤊ 0⤋
Under California law, when your lease expired and you stayed on, you became a month-to-month tenant, under all of the other terms of your prior lease. Further, California law is clear that for you to end your tenancy you must provide the landlord a written 30 day notice. If you fail to do so, your landlord can deduct up to 30 days rent from your security deposit, along with further deductions for any damages and/or excessive cleaning or trash-removal costs.
If you do provide the required notice, you are entitled to a walk-through before the end of your tenancy, and you then have some time to clean/repair anything that the landlord says is damaged or needs cleaning, etc.
2007-11-14 07:21:57 · answer #4 · answered by theHoundDawg 6 · 2⤊ 0⤋
No, if the yearly lease was up, it converted to a "Month to month" rental. It's understood for month to month that either of you can terminate the agreement upon giving 30 days notice of intent to quit premises on your part, or a notice on the landlord's part to you to quit the premises in 30 days. The only exception to that would be your failure to pay rents when due, then he could give you a 3 day notice to pay rent or quit premises.
Yes, you will have abandoned the premises, and he could take you to court for lack of notice and unpaid rents, and that could affect your credit rating.
If you go back and read the original lease, I would bet it says in that document somewhere that failure to renew the lease will make it go to month to month tenancy requiring a 30 day notice to quit premises.
2007-11-14 07:24:12 · answer #5 · answered by oklatom 7 · 0⤊ 0⤋
This depends upon the terms of your lease. Some leases provide that they automatically renew if you hold over, others provide that you are on a month to month tenancy. State laws also vary on this subject but the general rule is that you are a month to month tenant if you stay beyond the term of your lease. You will need to read your lease, if it is silent on the issue it is safe to assume that you need to give a one month notice. If you give notice now, it would take effect on the first of December and you could move on December 31.
Best of luck to you.
2007-11-14 07:16:47 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I think you now have a month to month lease. Only renewable when you have paid the current monthly rent. You should check with your local housing court just to be on the safe side.
I do think you can move without more than a weeks notice.Your land lord may want a written notice.
2007-11-14 07:18:49 · answer #7 · answered by Ms.D. 3 · 0⤊ 0⤋
Under California law, you are a month-to-month statutory tenant and your rental agreement is governed by the statutes of California, in the absence of a written longer term lease. California statutes require that you provide thirty days notice from your rent due date to vacate without penalty. If you do not give such notice, you can be held liable for rents accordingly. If there is a security deposit involved, count on your landlord keeping all of it to cover this missing rent.
2007-11-14 07:21:18 · answer #8 · answered by acermill 7 · 3⤊ 0⤋
If I am not mistaken even though your lease has expired you are still under the terms of that contract. Sort of like when you have a cell phone plan and when it expires you stay on the same plan until another is signed.
Good Luck.
2007-11-14 07:13:20 · answer #9 · answered by Pat 5 · 2⤊ 1⤋
If you don’t tell him you’re leaving, what’s to stop him from assuming that you’re still living there? You do at least need to tell him you’ve moved out so he doesn’t expect rent from you next month and can work on getting the unit ready for someone else.
2007-11-14 07:21:40 · answer #10 · answered by Anonymous · 0⤊ 0⤋