Legal Question in Landlord & Tenant Law in California
TIME SENSITIVE REQUEST
I am a tenant subject to a written residential lease agreement for one year in California; the contract provides for 60 days' notice of intent to vacate. What is the downside risk of giving less than 60 days' notice (i.e., 30 to 45 days)? This may be necessary due to a pending relocation to another state where details won't be available by July 1 (two days from now), the 60-day mark.
Thank you.
2 Answers from Attorneys
Down side is you might get sued by the landlord for breaching the "lease." Suit may seek damages for full term remaining on the lease.
State law provides for a 30 day notice by tenants, a 30 day notice by landlords if the tenant has lived there a year. The landlord could waive the amount of time you have to give him notice, but i would think he can not extend it. The problem is that you have a one year lease and the 60 days refers to the end of the lease period. Legally you have a contract requiring that you stay for one year and at the end of that period the tenancy becomes month to month unless the landlord gave you 60 days notice that he did not wish you to continue as a tenant. You would be liable for the rent until a new tenant moves in.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
