If I received a 90 day notice from my landlord to end our lease, can I end it sooner?

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If I received a 90 day notice from my landlord to end our lease, can I end it sooner?

I received a “Notice of Termination of Tenancy” that expires in 90 days. I have a few questions. First do I still need to continue to pay rent during these 90 days? If I find another place do I still need to give a 30 day notice to my landlord? Should I kiss my deposit good bye and use it as my last months rent? If so could anything happen to my credit?

Asked on May 4, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Ok so do you have a lease?  And the lease states that you have to give 30 days notice when you intend to vacate?  Or are you a month to month tenant and need to give the 30 days notice?  Either way I would give the 30 days about 45 days before the 90 end date by certified mail return receipt requested. Yes, you need to continue to pay the rent.  No, you should not use your security as the last months rent unless you get an agreement in writing with the landlord.  You should do a walk through with the landlord before you leave and have them sign an agreement that states that everything is fine and that there are no damages beyond normal wear and tear.  Good luck.


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