Property Management – Sherman Oaks – Tenants Rights

When a lease agreement is almost ready to expire, tenants and landlords have several options on what to do. If you both agree to renew the lease, get the new lease signed and dated before the current lease expires so you will have continued protection for your rights as a tenant. If you don’t want to renew the lease, or your landlord doesn’t want to, certain rules and regulations apply. California law regulates what rights you have as a tenant when it comes to renewing your lease or not.

Lease Termination

A lease agreement is a written contract between you and the landlord that specifies a certain amount of time, generally 12 months, that you agree to live there and pay rent. As the end of that term approaches, decide whether you’d like to stay. You have the right to not renew your lease and no legal reason compels you to renew. At the same time, the landlord is deciding whether to renew your lease agreement, and is under no obligation to renew it, even if you are a fine tenant.

Proper Notice

California law requires tenants to give landlords a specific amount of written notice if they will not be renewing. Specifically, you must give the landlord the same amount of notice as the number of days between your rent payments. For example, if you pay monthly rent, you are required to give a 30-day written notice. You don’t need to give a reason for your decision to not renew. Similarly, the landlord must give you a 30-day written notice if you’ve lived there less than one year, or a 60-day notice if you’ve lived there more than one year. The landlord is under no obligation to divulge the reason for non-renewal of the lease agreement.

Moving Out

A few weeks before moving out, it is your right to ask the landlord for a move-out inspection. You and the landlord will go through the rental property and note any damages you’ve caused. It’s your chance to talk with the landlord about what damages you and your guests may have caused versus what problems were present before you moved in. Also, look at the lease agreement for any wording on move-out policies. For example, some properties have restrictions on the time of day residents can move in or out. When moving day arrives, always get out by the deadline. If you don’t completely vacate by the deadline and turn in your keys, the landlord can start the eviction process against you.

Security Deposit

When you choose not to renew your lease and move out, you have the right to your refundable security deposit. According to California law, the landlord has 21 days to send you the full refund of the deposit, assuming you left the rental property with proper notice and it is clean and undamaged. The cost to repair any damages you caused can be deducted from your deposit. The landlord must send a partial refund plus an itemized list of repairs for you to review, all within 21 days.