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I am not on a lease. Can I move at any time or do I still have to give 30 day notice?

San Francisco, CA |

My 6 month lease expired and now I am renting monthly. I want to move out right away and not pay January rent here so I can afford to pay a deposit somewhere else. I want to move because my LL wants to sell the house and is now having people come over to see our house EVERY DAY with little to no notice and it is getting old. Do I have to give my current landlord 30 days notice? Or can I pack and move today? PLEASE answer today as it is Jan 2nd!

Attorney Answers 2


You do have a lease. You have an implied month-to-month lease on the same conditions as your old lease but with a different term. Ordinarily, you would have to give one-month's notice to move out.

Your landlord does have to give you reasonable notice (presumptively 24 hours) before entering your home. If he disregards your right to notice, you can claim that he is disturbing your possession and constructively evicting you. ("Constructive" means not really but in law and fact as good as.)

Tell your landlord that he must give you notice as the law requires. If he continues, tell him that if he does not give you notice, you will move out. If he still continues, move out.

Keep a log of when he comes over and when you talk to him. If possible, send him an email so you have a record of your conversation.

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2 lawyers agree


As stated by Mr. Eschen, you still have an implied monthly rental lease and should really give 30-days notice. BUT, if you are not concerned about getting your deposit back, you should be able to just pack and go. It is very unlikely that the landlord would take you to court unless you did significant damage to the property before leaving.

As Mr. Eschen also stated, your landlord must give you notice, typically 24-hours notice before entering your home, except in cases of legitimate emergencies. Failing to do so can be construed as tenant harassment, constructive eviction and a decrease in housing services. You could potentially petition the Rent Board for a rent reduction. But, since you're leaving, that point is mostly moot.

Good luck to you.

Kevin King, Attorney at <a href="HTTP://ESSENTIALAW.COM">ESSENTIAL LAW SERVICES</a>. The information presented here is general in nature and is not intended and should not be construed as legal advice for a particular case. This post does not create any attorney-client relationship with the author of the question answered. For specific advice about your particular situation, consult with me or other qualified legal counsel.

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