What happens if I’m not out by the date that I originally gave notice for?

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What happens if I’m not out by the date that I originally gave notice for?

I gave a 30 day notice to be out of my apartment and the end of this month. I later asked for an extra 2 days and they later said no. I spent 10 days trying to contact management to request a few more days. After nearly 2 weeks of messages and promisesto call back, they finally responded yesterday and said no because they have rented the apartment out for the 7th of next month.

Asked on June 24, 2011 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When a tenant stays beyond the date the tenant is to vacate the premises, the tenant is a holdover tenant.  The landlord can either evict the tenant or continue with the lease on the same terms as the previous lease.  For example, if you previously had a month-to-month tenancy, the month-to-month tenancy would continue.

Since a new tenant has rented the apartment, the landlord will pursue your eviction.  Apart from the issue of eviction, you will be charged rent for any extra days you are remaining on the premises. 

Although the new tenant won't be moving in until July 7, the landlord would need you to be out before then in order for carpet cleaning, possible painting or minor repairs, changing locks and apartment cleaning, etc. to be completed. 


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