California Law for Renters at the End of a Lease

California law protects renters and landlords at the end of a lease.

Because rental circumstances vary widely, know all your rights during the termination of your California rental agreement. Laws protect both renters and landlords. By knowing your tenant rights, you avoid unnecessary costs at the end of your lease. Small details often make a dramatic difference in a California tenant law cases, so proceed with caution.

Lease vs. Monthly Tenancy

Know the fine differences between a lease and a monthly tenancy, sometimes called a month-to-month agreement. What you think is a lease may actually be a monthly tenancy. For instance, if the landlord forgot to check the box stating whether your agreement is a lease or a monthly tenancy, it automatically becomes a monthly tenancy. This legal distinction determines the outcomes you face at the end of your rental agreement. Seek professional advice about your legal status when you need clarification.

Periodic Rental Agreements

Periodic rental agreements state the frequency of rental payments, but they do not state the term of the lease. This type of agreement, sometimes called a month-to-month agreement, requires you to give proper notice to your landlord. If you make monthly payments, you must give notice 30 days in advance. If you make weekly payments, you must give notice seven days in advance. If you pay rent on the first of each month, for instance, and you give notice on the 20th of the current month, you will be responsible for rent through the 20th of the following month even if you vacate the premises before the 20th. If the landlord re-rents quickly after you vacate and collects rent during the last days of your notice, no rent should be charged to you for those days.

Domestic Violence, Sexual Assault or Stalking

Under California law, in cases where domestic violence, sexual assault or stalking involves a household member, advise your landlord of the problem. Give the landlord a copy of the emergency protective order, police report or restraining order. Your documentation must be dated within 60 days of the date you give notice to terminate your lease. You may give a 30-day notice once documentation is complete, but you will still be responsible for the rent during the 30-day notice.

Landlord's Notice to End a Periodic Tenancy

Your landlord must give a 60-day notice to terminate your month-to-month rental agreement. Vacate the property within 60 days of when notice was given, not counting weekend days. Once served with a 60-day notice, if you plan to leave before the 60-day time frame, you may give your landlord a 30-day notice, for instance. Rent control districts and subsidized housing landlords are subject to additional requirements. Seek counsel from a real estate attorney when you need advice.

Security Deposits

California landlords must notify you of your right to an inspection during the last two weeks before you vacate. The landlord inspects your space and provides you with a written list of potential deductions unless you make repairs before you move, according to the California Tenant Law website. You have the right to be present for this inspection and get your list of potential deductions from your landlord during the visit. Painting and filling nail holes are expected of tenants. Your deposit, minus any deductions, should be refunded within 21 days of when you vacate the premises. The California Tenant Law website recommends you sue the landlord in small claims court if he fails to return your security deposit.

References

• California Tenant Law; Breaking Your Lease; January 2006
• California Department of Consumer Affairs; Glossary; 2010
• California Department of Consumer Affairs; Moving Out: Giving and Receiving Proper Notice; 2010
• California Department of Consumer Affairs; Terminations and Evictions;
• Nolo.com; California Makes 60-Day Termination Rule Permanent, January 2010
• California Tenant Law; Summary of the Law; Kenneth H. Carlson; March 2008

Resources

• California Department of Consumer Affairs; Consumer Publications: Landlord/Tenant
• California Department of Consumer Affairs; Refunds of Security Deposits; 2010
• Nolo.com; Renters in Foreclosure: What Are Their Rights?; Janet Portman
• County of Los Angeles Department of Consumer Affairs; Renters in Foreclosure; September 2010