Do I Need to Give Notice If I Have No Lease Agreement?

Answer

When renters and landlords come to terms on the terms of a rental arrangement, they often have the option of either creating an oral or a written agreement. According to data provided by Corfield Feld LLC, oral agreements are acceptable in the state of California for contracts or leases with a duration of less than one year. The renters and the landlord have a conversation about the conditions of the lease, including the rent. As soon as both parties reach a consensus, the verbal agreement transforms into a contract that is legally enforceable. When there is no written record of the agreement, however, it might be difficult to show in the future what the terms of the agreement truly include. Even if the agreement is made verbally, tenants are typically required to provide adequate notice before moving out.

Oral Agreements

The vast majority of verbal lease agreements are also known as month-to-month tenancy agreements or periodic tenancy agreements. The rent is paid by the tenants for a certain period of time, which may be a week or a month at a time, for example. They are responsible for paying rent for the extended amount of time in order to maintain their occupancy in the rented home or flat. Tenants often have agreements that are month-to-month in length, and rent is typically paid on the first of each month.

Notice By Tenants

In a rental arrangement with periodic rent payments, the amount of advance notice that is necessary to move out or amend the rental agreement is determined by the number of days that pass between each monthly payment. For instance, according to the California Department of Real Estate, renters are obliged to provide a thirty-day notice prior to moving out of a rental unit if they pay rent on a monthly basis. Tenants have the option of writing a move-out statement and delivering it to the landlord in person. The date of notice and the date of move-out are both included in a signed statement. Sending the statement to the landlord through certified mail should be done in the event that personal delivery cannot be arranged.

Oral Agreement Requirements

In the state of California, renters are required to get a written statement from the landlord within 15 days of an oral rental agreement being created. There is information on the landlord’s name, street address, and phone number included in the document. It details who will take the rent and the various methods of payment that are acceptable. The payment for the rent may often be made in the form of cash, cheque, money order, or an electronic transfer. Use the address that was given to you by the landlord when drafting the notification that you are moving out.

No Move Out Notice

If renters vacate the property without providing proper notice, the landlord may be entitled to collect rent for the full duration of the next renting term. For instance, if the tenants rent the residence on a month-to-month basis, the landlord may have the legal right to collect thirty days’ worth of money up front. This sum may be deducted by the landlord from any security deposit, a bill may be sent to the renters, or the landlord may take the case to the local small claims court.