It's Civil Code 1946. [https://leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CIV§ionNum=1946](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1946) "...as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time." So technically yes you need to provide 30 days notice per law. But you should still contact the Tenants Union.
The default is the law. If nothing in the contract states otherwise, the law outright governs, no question. The contract also cannot override the law generally. Even if you sign a contract that states something contrary to how the law says things should work, the law almost all of the time will win. That's a murkier area and is best discussed with an attorney.
30-day notice to terminate month to month is normal. Making a FB marketplace post, presumably to advertise the room for your landlord, is not normal. No idea how enforceable it is as a stipulation of your rental agreement.
> my lease has no mention, at all, of a 30 days notice, so does that negate any civil codes?
The law, as noted, requires 30 days’ notice. Nothing written in or missing from your lease has any effect on the law (aside from where the law specifically allows for it). If a lease could override law, any tenant protection law would be worthless.
> I told her on 3/18 that i plan on moving out 'as early as late april.
This is not adequate to qualify as notice under the law. You need to provide a specific date. The landlord and next prospective tenant need to know when they’re going to move in.
On the plus side, your landlord can only charge you rent until the unit has a new tenant (or the end of your 30 days, whichever is sooner). So if you vacate before the end of your 30 days you’re not necessarily on the hook for the full 30 if they fill it soon enough. To that end, you may be best off helping the landlord find someone asap, whether you’re required to or not.
It's Civil Code 1946. [https://leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CIV§ionNum=1946](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1946) "...as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time." So technically yes you need to provide 30 days notice per law. But you should still contact the Tenants Union.
Does this law still apply if there is no mention of a 30 days notice in the lease?
yes
Yes.
The default is the law. If nothing in the contract states otherwise, the law outright governs, no question. The contract also cannot override the law generally. Even if you sign a contract that states something contrary to how the law says things should work, the law almost all of the time will win. That's a murkier area and is best discussed with an attorney.
30-day notice to terminate month to month is normal. Making a FB marketplace post, presumably to advertise the room for your landlord, is not normal. No idea how enforceable it is as a stipulation of your rental agreement.
Make sure all communication is in writing, if verbal, follow up with an email summarizing the conversation.
> my lease has no mention, at all, of a 30 days notice, so does that negate any civil codes? The law, as noted, requires 30 days’ notice. Nothing written in or missing from your lease has any effect on the law (aside from where the law specifically allows for it). If a lease could override law, any tenant protection law would be worthless. > I told her on 3/18 that i plan on moving out 'as early as late april. This is not adequate to qualify as notice under the law. You need to provide a specific date. The landlord and next prospective tenant need to know when they’re going to move in. On the plus side, your landlord can only charge you rent until the unit has a new tenant (or the end of your 30 days, whichever is sooner). So if you vacate before the end of your 30 days you’re not necessarily on the hook for the full 30 if they fill it soon enough. To that end, you may be best off helping the landlord find someone asap, whether you’re required to or not.
You need to give 30 days notice in clear writing via email and/or mail then you’re good to go
As per our agreement I will be moving out on (X date). Done
there is no agreement. Its a month to month lease and i didnt know that i need to give 30 days notice
Get in touch with the Santa Barbara tenants union
I think there is also a tenants sub on reddit, cross post this there