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  1. #1
    thomasimp is offline Junior Member
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    Avoiding a legal issue on rent

    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)?
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by thomasimp View Post
    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?
  3. #3
    DeenaCA is offline Member
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    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].
  4. #4
    CourtClerk is offline Senior Member
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    Quote Originally Posted by sandyclaus View Post
    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.
  5. #5
    sandyclaus is offline Senior Member
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    Quote Originally Posted by DeenaCA View Post
    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].
    Quote Originally Posted by CourtClerk View Post
    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.
  6. #6
    thomasimp is offline Junior Member
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    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.
  7. #7
    CourtClerk is offline Senior Member
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    Quote Originally Posted by thomasimp View Post
    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.

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