California Agreement to Terminate Lease Agreement by Mutual Consent upon Termination of Lessee's Business
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How to fill out Agreement To Terminate Lease Agreement By Mutual Consent Upon Termination Of Lessee's Business?
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FAQ
If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
Any lease can be terminated at any time by mutual agreement; it is best to put such agreements, like all other agreements, in writing. A month to month tenancy can be terminated unilaterally by either party at any time on written notice "without cause," meaning merely due to convenience or preference.
Under California law, if your tenant is on a month-to-month lease and wants to vacate the rental unit, they only have to give the landlord thirty days written notice prior to moving out. If you as the landlord want to end the lease and its month-to-month, you'll also have to give your tenant thirty days' notice.
In California now, landlords can evict tenants at the end of their lease without specifying any reason, as long as they give advance notice of 60 days.
A lease is surrendered when the tenant's interest is transferred back to the landlord and both parties accept that it will be extinguished. This can be done formally, by deed, but this is not always necessary.
A landlord can terminate a lease in California and evict a tenant for violating the rental agreement (such as getting a pet that is not allowed), failing to pay rent, major damage to the unit, or committing a crime. They must give written notice, however, to terminate a lease with cause.
A landlord can terminate a California tenancy early and evict the tenant for a variety of reasons, including failure to pay rent, violating the lease or rental agreement, or committing an illegal act. Before terminating the tenancy, the landlord must give the tenant written notice.
Landlords can also end a month-to-month lease for no-fault just cause reasons, like wanting to move into the unit themselves, substantially remodeling the unit, or taking the unit off the market. The reason for ending the lease must be stated in the written 60-day notice.
Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.
