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It’s best to be upfront about moving on

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Special to The Times

Question: We’re looking for a larger place and want to avoid paying double rent. Any ideas?

Answer: Give yourself a fair amount of lead time, ideally about 60 days to look. Keep in mind that no one likes surprises, landlords included, so take the plunge and verbally let your current landlord know you’re hunting for a larger place. Telling the landlord that you’re looking may ease tension for all concerned.

Perhaps the owner or manager has another property that suits your needs or knows of a place that would be a good choice. It usually doesn’t hurt to ask, especially since it gives the landlord more time to prepare for a vacancy.

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According to the California Department of Consumer Affairs at www.dca.ca.gov, written notice is based on the number of days between rent payments, which means 30 days is required for monthly rental payments. If you pay weekly, giving seven days’ written notice is all that is required per California Civil Code Section 1946.1. A tenant on a one-year lease who pays monthly must simply give written notice 30 days before the lease ends. Although some leases include a “no-notice-required” clause, it’s still a good idea to give written notice.

To avoid misunderstandings later, keep a copy of the notice. Some people don’t bother and are shocked when the landlord sends back a lesser deposit, claiming written notice was received at a later date. Not surprisingly, one of the leading causes of deposit disputes is over the amount of rent owed at move-out.

When is 30 days a safe bet? Depends on where you’re going.

There are a lot of factors involved in finding a new place that can influence the amount of lead time you should allow. For starters, are you renting in the same area or out of town? Renting within driving distance of your current abode gives you more options, since you can readily look at a variety of places and get a feel for the market. Are there a lot of vacancies where you’re looking? If so, 30 days may be a realistic timeframe.

For out-of-town hunts, generally speaking, the farther the next destination, the more difficult it is to coordinate the timing. It’s not easy to fly in and out when searching for a rental, and many people settle for the best deal they can nab by phone.

Think you can skip telling your landlord you’re searching for a new place, even if you’re “just looking”? Don’t bet on it. The new landlord will want to call your current one for a reference and to inquire about your rental history. By keeping everyone informed, you’re more likely to enjoy a smooth move.

Escrow a gauge of when to end lease

Question: I just made an offer to purchase my first home and need to give notice to the landlord of my month-to-month rental.

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How should I time my departure?

Answer: There’s no perfect answer as to when those buying homes should give 30 days’ notice, according to Trish Lee, a real estate agent in the Beverly Hills area.

“It’s a good idea to wait until the major contingencies are signed off, since if there’s a major snag, you could be left without a place to live,” she said.

And give yourself a few extra days’ cushion, she advised.

“Losing your rental isn’t worth saving a few dollars.”

Another bit of advice: Before you give your landlord 30 days’ notice, be sure to consult with your real estate agent to get a good idea of when escrow is likely to close.

Reader comments may be sent to hmayspitz@aol.com.

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