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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

Can rent tenants change their locks without telling the landlord?

Generally no, they cannot do this legally. You may demand a key. If they refuse, give them proper notice, in my state that would be a 7 day notice to comply or quit (leave). If they fail to do that, your next step is eviction.A three day notice is for non-payment of rentA seven day notice is for other breachesA 30 day notice is for non-renewal of the lease/rent. This can only be done when the lease has, or is about to expire. In many cases tenants are month to month after the initial lease term. The lease rules apply but, the tenant and the landlord both have the option of terminating the tenancy with a 30 day notice.

What rights do I have in FL if I have mice in my apartment and the landlord has failed to fix the problem?

I have added a link to the applicable Florida statute. Provide written notice to the landlord of the problem and give the landlord 7 days to fix the problem. If they have not fixed the problem or attempted to do so within the seven day period, you can follow up with another letter either terminating the lease, if the problem is bad enough to warrant termination, or withhold part of the rent until the problem is fixed.The problem with paying only partial rent is that most landlords will then file an eviction action for non-payment of rent and you have to be willing to fight in court. Be sure to have copies of everything. If the landlord sues for eviction you will have to deposit the outstanding rent in the court registry and request a hearing with the judge to determine whether you were justified in withholding rent.You can probably get an attorney to represent you on a contingency basis for a case like this. Take lots of pictures of the vermin and any damage.Statutes & Constitution :View Statutes : Online Sunshine

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