What are the legal requirements for terminating a lease?
Terminating a lease can be a tricky process. In California, there are certain legal requirements a landlord and tenant must follow when terminating a lease. First, either the landlord or tenant must provide written notice to the other party. The required length of the notice period depends on the type of tenancy. For month-to-month leases, the notice period is typically 30 days. If a tenant has a fixed-term lease, they must give 60 days’ notice of their intent to terminate. If a landlord wishes to terminate a lease, they must usually provide 60 or 90 days’ notice, depending on the terms of the lease. Both parties must adhere to the notice period in order to terminate a lease. If the tenant moves out without providing written notice or before the notice period is over, they may still be liable for rent until the end of the lease. On the other hand, if the landlord does not provide adequate notice or tries to evict the tenant before the notice period, they may be deemed in breach of the lease and the tenant may be able to sue them for damages. Finally, the tenant is still required to pay any remaining rent or fees due, including back rent if applicable. Even after the lease is terminated, the tenant must still take care of any outstanding payments and comply with the terms of the lease. If they fail to do so, the landlord may still be able to take legal action. In summary, terminating a lease in California requires both parties to provide written notice and adhere to the applicable notice period. The tenant must also take care of any remaining rent or fees due and comply with the terms of the lease, even after the lease is terminated.
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