Am I under a month-to-month or fixed term lease if my rental agreement does not state the number of months for fixed term?

UPDATED: Dec 15, 2011

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Am I under a month-to-month or fixed term lease if my rental agreement does not state the number of months for fixed term?

My previous landlord if charging my an early termination fee on my Statement of Deposit Accounting, when I provided the appropriate 30 day notice and my rental agreement does not specify/state a fixed term of any months. They never returned my security deposit and refuse to return my calls, and reply to my emails. Due to my frustration with their behavior towards me, I am thinking of filling a small claim.

Asked on December 15, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a written lease agreement with your landlord, you need to carefully read it in that its terms and conditions set forth the length of the lease. If the lease does not state a set term of months or does not state from such a time to another time period, then you are essentially on a month-to-month lease.

If your landlord believes otherwise, I would write him or her a letter setting forth the basis why he or she believes that your lease is anything other than a month-to-month lease. I suggest that you may want to consult with a landlord tenant attorney concerning any further questions that you may have as to your lease.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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