FAQ #2: What is a rental agreement?
This rental agreement is not for a set period of time and may be an oral agreement. If it's an oral agreement, there should be a written statement summarizing specific terms of the agreement provided to the tenant within 15 days. The tenant may decide to move or the landlord may ask the tenant to leave. If the tenant decides to move, the tenant must give the landlord 30 days written notice that he/she is moving. If the landlord wants the tenant to leave, he/she must give the tenant 60-day advance written notice (if the tenant has lived in the unit for one year or more) or 30-day advance written notice (if the tenant has lived in the unit for less than one year).
The landlord must provide written notice if he/she wants to raise the rent (see FAQ #6: How much can rent be raised?) If the rent is going to be increased over 10%, then the landlord must give 60 days written notice in a month-to-month tenancy. If it is less than 10%, then 30 days is fine. If it is a fixed-term lease, the landlord must wait until the end of the lease term. If the tenant breaks the rules of the rental agreement, the landlord may have to give a 3 Day Notice to Cure or Quit. For example, if the tenant has a cat, and the landlord does not allow cats, the landlord can issue the tenant a notice telling the tenant to get rid of the cat or leave. This gives the tenant an opportunity to cure the breach. (see FAQ #11: What is a 3-day notice?).
BROCHURES, GUIDES and WEB SITES:
Department of Consumer Affairs: California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities www.dca.ca.gov/publications/landlordbook or Download the guide (PDF)
Nolo Press Law Center - Landlords & Tenants
www.nolo.com/encyclopedia/lt_ency.htmlLandlord and Tenant Information and Referral Collaborative Landlord and Tenant Rights, Responsibilities, and Resources, in San Mateo County (PDF)
Peninsula Conflict Resolution Center, Brochure and Tip Sheet