Legal Question in Landlord & Tenant Law in California

I have been renting a single family house in California for the last two years. The last one year we have been on month to month agreement. At the beginning of this month the landlord gave us a 30 day notice, since we are having trouble finding a place we requested for 60 days, but they are refusing. What is legal number of days that the landlord needs to give the tenant to vacate who has been renting for over 2 years?


Asked on 8/18/10, 10:59 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You are in luck! California law requires that a landlord, in a month-to-month tenancy, must give the tenants a sixty (60) day notice to terminate tenancy if the tenant has occupied the property for one year or more! The landlord cannot simply now give you another 30 day notice, he must give you a new, sixty (60) day notice which runs from the time it is legally served. Wait until closer to the date on which the 30 day notice expires, then send him a letter indicating that you will not move until you are served with the property sixty (60) day notice, and then you will move at the end of that time. Be sure to pay all rent due between now and then - if you don't pay rent, he can then evict you on a three (3) day notice. In that letter, tell the landlord to go look at California Civil Code � 1946.1(b) which provides that he must provide a sixty (60) day notice.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 8/23/10, 11:37 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California