Lease problem...help! Help! Help!

[avg27]

Hello everybody I'm having a lease problem.

I live in Campbell, California and my lease contract ended on the 15th of october 2011, that is almost 15 days ago, and we are planning to go to another apartment, but the problem is that I tell de landlord I'm leaving at the end of this month and she said that my lease contract ended on the 15th of october and because I stayed till the end of october now I have to pay for an other month because, according to her I am obligated to give them notice of me leaving 30 days in advance and that even though the contract has ended on the 15th, I'm still in the apartment(of course I stayed till the end of the month cause at the beginning of october i paid for the hole month not for half)...

AM I OBLIGATED TO STAY ONE MORE MONTH?

I'm worried that if I leave my credit will get ruined, or I'll have problems and I can't pay one more month because they are raising the price $300 more that's $1,650 and I used to pay $1,350.

What can I do??

 

[r.j.s]

What does your lease say about after it expires? Do you go month-to-month? Most do, and most require 30 days written notice no matter what.

 

[CalBoy]

Because you stayed into the next rental period, you have become a month-to-month renter. This is assuming you used to pay rent once per month when the lease was still in effect.

You do owe a month's rent because the landlord reasonably expected you to remain for the next rental period once you remained. This is a good place to get more info.

 

[avg27]

what does your lease say about after it expires? Do you go month-to-month? Most do, and most require 30 days written notice no matter what.

yes i go month to month

 

[Demosthenes X]

You're obliged to pay for an extra month. Depending on the terms of your lease and/or the laws in your area, you might only have to pay your old lease rate, not the new, higher one.

In any case, let your landlord know well in advance of your plans. Even if there is no legal obligation to do so, it's the polite thing to do to give them a chance to find a renter before you move out.

 

[MacHamster68]

you dont need to stay for another month , but you need to pay for that other month even if you dont stay there , and its normal for a landlord to ask for 30 day written notice in in advance , and even if he did not it would be only fair to give him notice in advance

Courtesy costs you nothing

 

[McGiord]

Many times you paid a month in advance or somekind of upfront deposit. Check on that and how it will be refunded to you. It is always better to negotiate on friendly good terms instead or starting a battle were you will have more to loose than gains.

 

[Surely]

If you knew that you were moving out at the end of October, you should have given your notice at the end of September. Typical apartment leases in California require a 30 day notice, no matter what day of the month the lease was started.

Unless you have a really really really nice landlord, you are stuck paying for another month. Hopefully you've given your notice at this point because if you haven't, the 30 day notice period hasn't begun.