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  1. #1
    Join Date
    Aug 2008
    Posts
    2

    Unhappy 30 Day Notice to Move Out in California

    My question involves landlord-tenant law in the State of: California

    I am on a month to month lease. My understanding of California Law is that I am required to give as much notice as amount of time between rent payments. So if I pay rent every month, I need only give a 30 day notice to move out. My landlord is requiring a 60 day notice and it is stated as such on the paper I signed to move to a month to month lease.

    I am moving out of state and I gave a 30 day notice. The leasing office's lawyers have come back and said that I have submitted a "request to provide a shortened notice to vacate" and that "the request is denied in that there is no proper basis for early termination." And I am responsible for rent though the 60 day period.

    Can they hold me to this 60 day notice? It just seems gratuitous and unreasonable. AND it seems that the California code specifically identifies the appropriate notice to be the amount of time between payments, ie 30 days.

    Thank you in advance for any insight you could provide regarding this matter.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: 30 Day Notice to Move Out in California

    The law is described here.
    Quote Quoting Tenant's notice to end a periodic tenancy
    You must give the landlord the same amount of notice as there are days between rent payments. This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move. This is true even if the landlord has given you a 60-day notice to end the rental agreement and you want to leave sooner (see Landlord's notice to end a periodic tenancy.)
    That doesn't answer the question, though, of whether the notice period can be extended by contract. What, exactly, did the agreement you signed state about notice?

  3. #3
    Join Date
    Aug 2008
    Posts
    2

    Default Re: 30 Day Notice to Move Out in California

    Basically, I checked the box next to "I choose to remain on a month to month agreement." Then below that, it says "I understand a 60 day written notice is required prior to vacating my apartment."

    Then below that is where I signed. (Even though it's not dated....)

    I've read that portion regarding the tenant's right as well. But I cannot tell if the stipulation about the 60 day notice is regarding a situation where the landlord has told me to leave in 60 days, in that instance I could leave in 30?

    But my other thought is, what landlord wouldn't want as much notice as possible? So the 30 day notice(or amount of time between payments) stipulation should be there to prevent an excessive notice requirement, right?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: 30 Day Notice to Move Out in California

    I haven't found any authority indicating that a landlord and tenant cannot enter a written agreement extending the notice requirement. Perhaps somebody more familiar with California's laws will add their two cents.

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