My question involves landlord-tenant law in the State of: California
I have a question about 30-day or 60-day notice to vacate.
Tenant moved in August 1, 2018 as tenant at will (paid no rent).
July 1, 2019 he signed a month-to-month lease and began paying rent.
I have decided end the tenancy. Do I have to give 30-day or 60-day notice to vacate?
Here’s what I found about 30-day or 60-day notice:
1946.1. (b) An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.
(c) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.
The tricky part I see is “has resided in the dwelling”
He has lived in the house for more than a year. But he has only been renting the house for 3 months.
If I serve him a 30-day notice to vacate, and he does not vacate in 30 days, I will serve him with an Unlawful Detainer. Will the 30-day vs 60-day notice to vacate become an issue? Will he have grounds to quash because I didn’t give a 60-day notice?