Lease for less than a year can be oral
Question: I’ll be moving into my first apartment soon and am unsure about doing a lease or a month-to-month agreement. The resident manager suggested that we do an oral three-month lease until my credit history is more established. Is an oral lease valid?
Answer: California Civil Code states that an oral lease of less than one year is valid. Any lease greater than one year must be in writing.
Having established this fact, it is recommended that any tenancy, either on a lease of any length or on a month-to-month basis, be in writing. There are too many factors related to a tenancy that could be misunderstood. Conflicts that may arise could become a “he said, she said” situation and make resolution difficult.
Since the manager does not feel comfortable with a written lease, the two of you could enter into a month-to-month agreement that can be ended at any time by either party with a 30-day notice.
Tenant has rights when unit for sale
Question: The house I rent is for sale. The real estate agent calls each morning to let me know she will be showing the property that afternoon. I’ve asked several times for more notice. Aren’t I entitled to a written 24-hour notice?
Answer: It depends on how long the property has been for sale and when you were notified of the possible sale. Civil Code covers the rules for a landlord or other non-tenants entering a rental property. This statute was amended, effective Jan. 1.
Except in cases of an emergency, a court order or agreed-upon repairs, a tenant can require that a 24-hour written notice be given before allowing access to the property.
But in the case of rental property being sold, the new law allows oral notice, either in person or by telephone. The tenant must be informed 120 days in advance that the property is for sale and that the landlord or the landlord’s agent may be contacting the tenant orally for the purpose of showing the property.
If you were not given this 120-day notification, you can request at least 24-hour notice before the real estate agent’s visit. The updated code also requires that the landlord or agent leave written evidence, such as a business card, of the entry inside the unit.
New law affects
notice to vacate
Question: The manager of my apartment complex said there will be major renovations beginning in a few months, and some tenants will be given 30-day notices to vacate. When I asked if I would have to move, the manager said he didn’t know but I would be given sufficient notice.
What is the required amount of notice the manager will have to give me to end my tenancy? I hear there is a new law affecting my rights.
Answer: In the past, the amount of notice to terminate a tenancy has been determined by the length of time between the rent payments, with a maximum of 30 days and a minimum of seven days required by California law.
Effective Jan. 1, the Civil Code requires at least 60 days’ notice for those month-to-month tenants who have resided in a dwelling for one year or more, except in certain situations involving the sale of the property. Tenancies of less than one year continue to require at least a 30-day notice when rent is paid every 30 days.
The new 60-day notice requirement for landlords is effective only until Jan. 1, 2006, but it could be extended by the state Legislature.
Tenants giving a notice to move to their landlords remain subject to a 30-day period.
In either case, individuals can mutually agree to other terms, longer or shorter.
After receiving a 60-day notice to move, a tenant may give the landlord a valid 30-day notice to move, thereby shortening the period during which the tenant must pay rent.
This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually. For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Southern California Housing Rights Center at (800) 477-5977.
