my rental lease expires 1/31/10 do i still need to provide a 30day notice if i do not plan to stay past the expiration of the lease
my rental lease expires 1/31/10 do i still need to provide a 30day notice if i do not plan to stay past the expiration of the lease
No
Melvin C. Belli
The Belli Law Firm
35 Miller Ave Suite 199
Mill Valley, CA 94941
As usual, Belli may be leading you into trouble. The vast majority of residential leases have “roll-over” provisions. These usually state that if neither the tenant nor the landlord give notice a certain amount of time before the end of the lease that it will not be renewed or rolled over, it will either be renewed on the same terms for the same period of time again, or it rolls over into a month-to-month tenancy or tenancy at will. It is possible your lease has no such provision, but if you don’t read it and make sure, you could find yourself being sued for breach of your lease if you don’t give the notice required.
Timothy McCormick
Libris Solutions – Dispute Resolution Services
1990 N. California Blvd., 8th Fl
Walnut Creek, CA 94596