Q: How does an early termination clause work with a month-to-month lease?
This is a month-to-month lease. There was no 1 year initial lease at all. State law requires either Landlord or Tenant to give 30 days' notice prior to desired date of termination of tenancy. This is also specified in the Term clause of my residential lease agreement. (I am the "Landlord.") There is also a later "Early Termination" clause stating "Tenant may, upon 0 days' written notice to Landlord terminate this Agreement provided that the Tenant pays a termination fee equal to $0.00 or the max allowable by law, whichever is less. Termination will be effective as of the last day of the calendar month following the end of the 0 day notice period. The termination fee is in addition to all rent due up until the termination day." I requested the tenant move out on Jun 1 19. The tenant moved on Jun 5 19 with no written notice. She didn't pay rent for June. She's expecting her security deposit back. I expect to keep the deposit, as she didn't give 30 days' notice and didn't pay Jun rent.
A: After the written lease's initial one year term has expired, the tenancy becomes a month-to-month tenant by operation of law. To terminate a month-to-month tenancy, either the landlord or the tenant may give a written 30 day notice; e.g. written notice given on May 31, 2019, then the month-to-month tenant will terminate at midnight on June 30, 2019. If written notice given on 6/1/19, then termination date will be July 31, 2019. The answer to the second question about the security deposit is that the landlord is required by law to give the tenant an itemized list of damages caused by the tenant at the premises within the 30 days after possession is return by the tenant to the landlord. If the landlord does not give the itemized list of damages, then that will be a breach of the lease and the tenant can sue the landlord for the breach.
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