WHAT ARE THE TIME LIMITS WHEN A LEASE OR AGREEMENT IS TERMINATED?

Sections 1946 and 1946.1 provide:

1946. A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. It shall be competent for the parties to provide by an agreement at the time such tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the lessee may give such notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of such notice or by delivering a copy to the agent personally.

WHAT ARE THE RULES GOVERNING SECURITY DEPOSITS?

Editor’s Note: This question and answer section was prepared in response to frequently asked questions by members and students in our various educational programs. All language is taken directly from the California Civil Code. The outline format differs from formal English grammar outline because the Code mirrors annual changes in the law with numerous additions and deletions written by various state senators and assemblymembers. Additional legal resources are listed at the end of this
special section.