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by jedberg 2216 days ago
Check your lease, but at least on my leases, it says that it only goes month to month if you pay the rent and the landlord accepts. If you don't pay the rent, the lease just ends.

It's certainly a nice courtesy to let them know if you're leaving, but at least in California, it isn't required by law.
2 comments
t3rabytes 2216 days ago
> This Lease Contract will automatically renew month-to-month unless either party gives at least 60 days written notice of termination or intent to move-out as required by paragraph 35 (Move-Out Notice).

Mine is pretty clear that it's an automatic rollover, but fair -- every state (and lease!) is different.

> If you don't pay the rent, the lease just ends.

Oof, sounds like a nice way to end up with a bad mark against you nonetheless.

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pb7 2216 days ago
Good note, you are correct, my California lease says the same thing. Previous leases in other states were specific about giving notice but this one does not. In my opinion, this is worse for the renter than the landlord as the landlord can choose not to accept your month-to-month rent offer at the last minute leaving you stranded. I prefer the notice from either party route.
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jedberg 2216 days ago
> In my opinion, this is worse for the renter than the landlord as the landlord can choose not to accept your month-to-month rent offer at the last minute leaving you stranded.

This is definitely a possibility. In practice it doesn't happen because it's a pain to find new renters, especially if you don't list and show the property ahead of time. Unless you're trying to get rid of a tenant it's unlikely to happen.

Also the tenant has other protections. If they won't renew your lease, they would have to evict you. A process that takes 30 days at least, and requires a visit to a judge. The judge would most likely side with the tenant on this one.

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pb7 2216 days ago
>If they won't renew your lease, they would have to evict you. A process that takes 30 days at least, and requires a visit to a judge. The judge would most likely side with the tenant on this one.

Why would the judge side with someone that is no longer in a contractual relationship with the landlord? I would certainly not risk the mark against my renting record.

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jedberg 2216 days ago
Because judges are human and at least in the California cities tend to be more liberal and anti-landlord.

Also there are so many tenant protection laws, it may not be possible to just not accept rent. I've honestly never looked into it because I wouldn't do that to someone.

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