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Allieeb, Other/Just Looking in San Diego, CA

Do you need to give a 30 day notice to move out after a year-long lease?

Asked by Allieeb, San Diego, CA Mon Apr 27, 2009

Our lease did not specify that we needed to give any notice of our moving out after the specified date that the lease ended. We did not give our landlord the 30 day notice that we were moving out at the end of the lease, as we assumed it wasn't necessary. Is it legally necessary to give a 30 day notice for leaving at the end of a year-long lease? Our landlord is trying to withhold our deposit because of it.

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The California Department of Consumer Affairs publishes a great book called, "California Tenants- A Guide to Residential Tenants' and Landlords' Rights and Responsibilities. It should cover your issue. Also read your entire lease agreement and all the details. You can view or downloand this publication from their site at http://www.dca.ca.gov

Good Luck,

Marcie Sands, REALTOR
Simply The Best Real Estate Company, Inc.
Rancho Bernardo
0 votes Thank Flag Link Mon Apr 27, 2009
What does your contract specify? Typically it's in there. When ever you are dealing with contracts its always best to put everything in writing even if other party says it isn't necessary.

0 votes Thank Flag Link Mon Apr 27, 2009
Dear Alleeb, In general there is no notice required if you move out at the termination date of your lease. However if you extend your stay many leases will go to a month to month and will require a 30 day notice. I would strongly suggest you review your lease agreement to see if there were any other notice requirements. If the landlord is trying to get your deposit he must clearly show you where that requirement was in the lease and what his grounds are for withholding the deposit.

I hope that this helps, you may need to consult an attorney if the landlords persists. I have posted a link to the Lawyer Referral Service in North San Diego.
Web Reference: http://www.lawreferral.org/
0 votes Thank Flag Link Mon Apr 27, 2009
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