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PDF Editor FAQ

What are the landlord's obligations when a month to month tenant moves out? Do the conditions of the lease agreement apply? The agreement signed in 2015 required a tenant to provide 60 days move out notice. Can it be enforced (house is in Napa CA)

California Civil Codes Section 1946[1] states, in relevant part (emphasis added):A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his or her intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. It shall be competent for the parties to provide by an agreement at the time the tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof.The first sentence provides, inter alia, for the well-known termination of a month-to-month tenancy upon 30 days’ notice.However, the second (bold) sentence states that the parties may agree that termination notice must be provided some number of days other than 30 in advance, so long as that number is at least 7.So, although I have not reviewed your lease, thus I cannot comment on its provisions specifically, a 60-day termination notice provision can be enforceable.Footnotes[1] Law section

Are tenants given additional time to move after a judge signs an eviction notice?

No, but you will have had ample time to prepare in advance of the judgment.When a judge has ordered your eviction it means that you were ordered to leave in accordance with the law and the terms of the lease, and that you refused to do so. It means that you forced your landlord to go to court to get possession of their property back, and that you continued to live there until your court date, often without paying rent. This could be as little as one week, but it was more likely a month or more, and you knew all along that you had no right to stay – we know you didn’t because the judge signed off on the eviction – so you should have spent that time getting ready to move.The process varies between jurisdictions, but you could get as little as 24 hours or as much as a few days to vacate the premises, once the judge or magistrate has signed off on your eviction. It is now time for you to pay any rent, fees, court costs, or other money owed, and get out. You might have been ordered to pay your landlord already, but if that hasn’t happened yet you could avoid adding to your debt and getting a second judgment on your record by paying up voluntarily. You have already been evicted, so you’ll be ineligible to rent from the vast majority of landlords. If you want to have any hope of living somewhere other than a motel in the next seven years, you’ll want to avoid getting sued again.You get 24 hours to move out in my state, once you’ve been formally evicted, and this means that your landlord will meet the marshals or deputies at the property at the stated time. Once they arrive you will be escorted out immediately, with whatever you can grab in thirty seconds, and if you return you will be arrested for trespassing.

My girlfriend and I are signing a lease for our first apartment in a few days. Does anyone have any advice they wish they knew at this stage of life?

I was never a renter, but as a landlord I cannot overstate the importance of thoroughly reading that lease through before you sign. You are about to enter into a binding legal contract, and the consequences of violating the terms could potentially impact your lives for decades to come.Too many people think of leases as formalities, or as mere guidelines, but it’s a real contract that can and will be interpreted literally if any disputes arise. It shouldn’t need to be said, but the amount and due date of the rent aren’t suggestions. It’s entirely possible that you’ve heard from other people whose landlords were willing to take late and partial payment, but those were exceptions and the tenants got lucky. You absolutely must pay your rent in full on or before the due date listed in the lease, without being prompted. It’s your responsibility to get that payment to your landlord in the agreed upon form, and while you may get away with it in exchange for late fees, you can receive a notice to vacate the very first day that your rent is late. Such a notice would give you three or five days to move out or pay, but some states don’t require landlords to allow for the second option; failure to pay on the 1st could mean that you’d lose your home in five days.You also need to understand that if you sign a lease for a specific period of time, you are promising to pay rent for that entire period. Moving out before the lease is up is known as “breaking the lease”, and unless you’re leaving to join the military or because the home is legally uninhabitable, you must either continue to pay rent or pay whatever penalty your lease or landlords allows. Your lease may require 30 days written notice, but giving that notice doesn’t mean that you’re not also breaking the lease. The third thing that trips tenants up when it comes to payments is the security deposit, because this is money held back for a very specific purpose. While your landlord could keep the money if you run out without paying, she cannot accept it as the last month’s rent. It’s usually illegal, but she’ll also want to hold onto that money to pay for any damages she finds after you’ve left – but keep in mind that this deposit isn’t the maximum amount of money you could owe for damage to the property, it’s just enough to cover the typical expenses. Unless your lease specifies otherwise, you will be responsible for the full cost of restoring the home to the state it was in when you took over, minus normal wear and tear.Landlords are responsible for regular maintenance, but any damage done by your or your guests is your financial responsibility. Most leases will prohibit you from carrying out any repairs or alterations without consent, but you absolutely must report any damage to your landlord immediately. You can be billed both for the damage itself and any secondary problems, like mold and water damage from an unreported leak. A surprising number of people assume that it won’t matter how much damage they do if they’ve already lost the deposit, but it’s a very simple matter for a landlord to file a lawsuit and garnish your wages if you refuse to pay, so treat your rented home with care.It sounds like you and your girlfriend are both signing a lease directly with the landlord, and that would make you co-tenants. As co-tenants you will both have equal and shared rights and responsibilities under the lease, which means that as far as your landlord is concerned, you are one person. Your landlord won’t care who didn’t pay their share of the rent, who broke the window, or who moved out first forcing the other one to break the lease. If one of you causes trouble, you will be evicted jointly. If money is owed, your landlord will sue (and possibly report to credit agencies) you both. In practice this means that the co-tenant who cares the most about their future is stuck with the bill whenever the two have a conflict, so don’t sign this lease unless you trust each other with your financial futures.I mentioned earlier that you could be sued, and the thing about civil judgments is that they are part of the public records and will show up every time someone runs a check on you. They no longer show up on your standard credit report, but landlords can choose to report rent payments to credit agencies. I do this, and while it’s great for tenants who pay on time, it could destroy your credit if you don’t. Bad credit and judgments can obviously make your life very difficult, and it won’t be easy finding another landlord willing to rent to you again, but there’s one thing that will make this virtually impossible: Eviction. If you get evicted it will go on your record, similar to a judgment, and it will stay on there for at least seven years. Nearly all professional landlords check applicants for evictions, and 99 percent will flat-out refuse to consider a candidate who has been evicted in the past.“Eviction” doesn’t just mean that you were told to leave; it’s what happens when you’re told to vacate and refuse, forcing your landlord to get a court order to have you thrown out. Anyone can run into financial trouble, and if you can’t pay your rent and you move out in response to a notice to vacate, no one will hold that against you. The problem arises when you haven’t paid or when you’ve otherwise violated the terms of your lease, and you don’t leave as you promised to do when you signed the lease. Landlords can’t just throw people out, so we have to go to court and file papers to have you evicted. If you make your landlord sue you to get rid of you, it will tell other landlords that you cannot be trusted.This might sound like a lot to deal with, but these are just some of the most common problems that my tenants run into. It’s incredibly important that you both read through the lease and discuss it with each other. If something confuses you, it would be well worth it to pay an attorney a couple of hundred dollars to have them review the lease with you.

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