I am in a month to month lease and need help.

[Biggamesonly+]

I also agree with his logic...and if you gave them a 30 day notice on the 3rd and they rent it out starting lets say on the 15th of march..well seems to me you have to go.:think2:

I am looking in Anaheim, Orange, Placentia and Tustin. I am only interested in renting. I can't be convinced to buy yet. I only see disadvantages in buying a home.

1)Lets see you buy a home and drain your savings for a down payment and closing costs.

2)Then you spend the first 15-20 years paying a mortgage that pretty much goes to pay the interest on the money you borrowed.

3)Of course during that time your house rises a little bit in value so you borrow on that money to fix up the house and pay off the cars and buy some luxury items.

4)Then you can't afford to pay the mortgage anymore and you lose your home and ruin your chances of ever buying another home in your lifetime again.

5)What to do next you go and rent another home that will cost you the same amount per month as the one you just bought only difference is it belongs to somebody else.

I keep hearing people say when you rent you are paying the owners property tax and interest rate and at least when you own you can write some of that of on your taxes. But I see it as a push at best and a lost at worse. Lets say you own a place and your property tax is $10,000 and when you do your taxes you get 30% of that back. That means you get $3000 back a year for owning your own home but are responsible for your own repairs and replacements, optional gardener/pool cleaner and if you live in a good uptight neighborhood association fees.

Maybe I am stupid but I just haven't been convinced to buy a home yet. I challenge somebody to change my thought process and convince me.

 

[brijames]

I just recently lost my job due to living in the hellhole called Michigan. My lease was coming up on Feb 1 so i asked my landlord if they could please put me on a month to month for 3 months as i didn't know what my job situation would be. They agreed to go month to month for as long as i needed. Of course i have been a long time tenant and never late so that helped a lot im sure. As others have said if your landlord is decent they realize how tough times are and will work with you if you ask. Good luck.

 

[fhmesq44]

The 30 days notice notice starts from the 1st day of the following month, in this case March 1st, so legally you have the place rented through the end of March.

Just FYI

That isn't the case in California, the 30 day notice is good from the date given.

1 - Go talk to them to see if they will let you stay.
2 - If they won't, you have three choices:
(i) move out;
(ii) send them a check on March 1st for the month of March in the same amount as your previous rent. If they cash the check, they have accepted your offer of a month-month rental at that rate. This means you can legally stay and have started a new lease with them on a month-month basis. This also means you have to give them another 30 day notice when you are ready to move, so be aware of that. If they reject the check, then you are stuck with option (i) or (iii).
(iii) don't pay anything and don't move. They will likely try to evict you, which will take about 45 days. You will be subject to damages in the amount of the FMV of rent during the time you didn't pay rent and occupied the premises and reimbursement to the landlord of their attorneys fees and costs.

 

[joeyfitzclick]

That isn't the case in California, the 30 day notice is good from the date given.

1 - Go talk to them to see if they will let you stay.
2 - If they won't, you have three choices:
(i) move out;
(ii) send them a check on March 1st for the month of March in the same amount as your previous rent. If they cash the check, they have accepted your offer of a month-month rental at that rate. This means you can legally stay and have started a new lease with them on a month-month basis. This also means you have to give them another 30 day notice when you are ready to move, so be aware of that. If they reject the check, then you are stuck with option (i) or (iii).
(iii) don't pay anything and don't move. They will likely try to evict you, which will take about 45 days. You will be subject to damages in the amount of the FMV of rent during the time you didn't pay rent and occupied the premises and reimbursement to the landlord of their attorneys fees and costs.

See my post above..........



I was quoting standard RI landlord/tenant law as I know it to be but it appears California is different so disregard my posts.

You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (EXCEPTION: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)
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[fhmesq44]

yeah, I noticed that after I posted.

 

[GOLFINGMAUMELLE]

My girlfriend is the manager at an apt complex and she said that they should legally only be able to raise the rent an additional 10% for the extra month that you will be staying. And they cannot kick you out even if they already have your apt rented. They shouldn't even raise the rent if you are only staying one extra month. The purpose behind raising the rent by 10% is to try to make you sign another lease. Apt complex owners and property management don't like you not being locked in, it effects their rent roll and messes up their books. Stay firm and you should get it for the same amount you've been paying...