Because i didn't sent a lease renewal, do i have to give a 30 days notice? The tenant didn't pay since the lease as expired on November 1st. I would like to recover that apartment for myself. I didn't received any letter from the tenant either but he expressed his interest to stay at the beginning of November. My lease also mention that the tenant can renew the lease by sending a letter 60 days prior the end of the lease, which he didn't do.
If the tenant has been there for less than one year, then you only need a 30 day notice. If the tenant has been there for one year or more, then a 60 day notice is required. If the tenant has not paid rent, then you can do a three day notice. If the tenant does not pay up within the three days, then you can evict under an unlawful detainer action. But, it's important that you give proper notice. You might want to consult with an eviction attorney to do this properly.
If the lease expired by its own terns and you did not accept rent for the time period covering the following month(s), then you can file an unlawful detainer lawsuit without the necessity to give further notice to the tenant. The onlt caveat though is that in such an unlawful detainer case, you won't be able to recover money damages for unpaid rent, only restitution of the premises. If you wish to get money damages as part of your judgment, then, you should serve a 3 day notice to pay rent or quit for unpaid rent.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
The lease became month to month rental after expiration. Same rent would be due beginning Nov 1st, and since rent wasn't paid you can send 3 day notice, do this correctly or your unlawful detainer won't be valid. You should ALSO send the 30 day notice to terminate but you can bring the unlawful detainer after the 4th day if rent isn't paid to date; you'll need to detail the exact amount due through the notice date. Even if rent is paid, the 30 day notice will stand and tenant must vacate at 30th day or you can then bring the unlawful detainer; but do not accept rent after that 30th day unless it is for past due rent. --If your lease originally was more than 1 year (or was renewed previously), give 60 days notice of termination, but rent will still be due during that 60 days, and if not paid you can send 3 day notice.
You don't mention whether you had any conversations with tenant since Nov 1st which is odd; if you made some arrangement orally that will be valid, however if tenant is not paying even on the oral arrangement send the 3 day notice--post it to premises, and serve it.
The foregoing is for informational purposes only and may not be relied on as attorney-client advice.
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