Avoiding a legal issue on rent

[thomasimp]

I live in California.

My wife and I have rented a house for two years (the lease went month to month a year ago).

We are now moving to Europe for a year. We move on July 15.

I really would like to be kind and give the landlord and advanced notice so he can time the next rental.

But I have this neurotic fear he could give us a 30 day notice to vacate in the hope of renting quickly.

Do I have any rights in a situation where I have rented for two years, been a good tenant, but wish to give an advanced notice?What is the name of your state (only U.S. law)?

[sandyclaus]

I live in California.

My wife and I have rented a house for two years (the lease went month to month a year ago).

We are now moving to Europe for a year. We move on July 15.

I really would like to be kind and give the landlord and advanced notice so he can time the next rental.

But I have this neurotic fear he could give us a 30 day notice to vacate in the hope of renting quickly.

Do I have any rights in a situation where I have rented for two years, been a good tenant, but wish to give an advanced notice?What is the name of your state (only U.S. law)?

Nope. No such specific legal rights exist. That decision will be between you and the LL, and it all would depend on how good the business relationship is between you.

Oh, and you need to be aware: In California, to terminate a month-to-month tenancy when you have lived in the rental unit for a year or longer, it requires 60 days' written notice to terminate, NOT 30. If you intend to move on the 15th, you will need to give notice on or before May 15th. The notice requirement goes both ways, so once you have given your 60-day notice, the LL CANNOT then give you only 30 days to move.

Maybe that gives you the advance notice you were hoping for?

[DeenaCA]

In California, to terminate a month-to-month tenancy when you have lived in the rental unit for a year or longer, it requires 60 days' written notice to terminate, NOT 30.

The 60-day notice requirement for terminating a tenancy of over a year applies to the landlord, but does not apply to the tenant. For a month-to-month tenancy the tenant is only required to give 30 days notice, unless the lease terms require a longer period.

See CA Civil Code 1946.1 at [url]http://law.onecle.com/california/civil/1946.1.html:[/url]

(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.

Also please see the CA DCA landlord-tenant information on giving proper notice at [url]http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml[/url].

[CourtClerk]

Oh, and you need to be aware: In California, to terminate a month-to-month tenancy when you have lived in the rental unit for a year or longer, it requires 60 days' written notice to terminate, NOT 30. If you intend to move on the 15th, you will need to give notice on or before May 15th. The notice requirement goes both ways,

Wrong. The LANDLORD needs to give 60 days notice in order to terminate a tenancy longer than 1 year. The TENANT only need give 30 days notice (unless his lease states otherwise). However, CA LAW states 30 days only.

[sandyclaus]

The 60-day notice requirement for terminating a tenancy of over a year applies to the landlord, but does not apply to the tenant. For a month-to-month tenancy the tenant is only required to give 30 days notice, unless the lease terms require a longer period.

See CA Civil Code 1946.1 at [url]http://law.onecle.com/california/civil/1946.1.html:[/url]


Also please see the CA DCA landlord-tenant information on giving proper notice at [url=http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml]California Tenants - California Department of Consumer Affairs[/url].

Wrong. The LANDLORD needs to give 60 days notice in order to terminate a tenancy longer than 1 year. The TENANT only need give 30 days notice (unless his lease states otherwise). However, CA LAW states 30 days only.

I stand corrected. I could never find that part of the statute that differentiates between tenant and LL notice in this instance. Now I know.

[thomasimp]

So with all this information: what is the learned advice?
Should I be kind and give a 2.5 month notice and risk something?
If I do that and he says "Ok, you're out in 30 days" (which would really screw things), what should I do?

Is it best to just give the 30? I would feel awful about that.

[CourtClerk]

So with all this information: what is the learned advice?
Should I be kind and give a 2.5 month notice and risk something?

There is no risk

If I do that and he says "Ok, you're out in 30 days" (which would really screw things), what should I do?

He can't do that.