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Do I need to give 30-days notice if landlord gives me 60-days notice?

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djclmk

Junior Member
What is the name of your state? California

My landlord has given me 60-days notice, since she intends to sell the home.
I found a new place and must move in two weeks. Now my landlord tells me that I must give her 30-days notice.

Can she do this?
 


ENASNI

Senior Member
Yes she can, if you are month to month. You may still leave in 15 days but must pay the 30 days.

Tenant’s notice to end a periodic tenancy

To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move.

You must give the landlord the same amount of notice as there are days between rent payments.145 This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move.146

To avoid later disagreements, date the notice, state the date that you intend to move, and make a copy of the notice for yourself. It's best to deliver the notice to the landlord or property manager in person, or mail it by certified mail with return receipt requested. (You can also serve the notice by one of the methods described under "Proper Service of Notices".)147

You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (EXCEPTION: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)148


http://www.dca.ca.gov/legal/landlordbook/moving-out.htm#noticetoend

And please read this so you don't have to come back here if there is any trouble with your Security Deposit.

http://www.dca.ca.gov/legal/landlordbook/sec-deposit.htm
 

djclmk

Junior Member
So, she stated that she wants me "out by mid-August". I enter my new place on August 1st. Since she initiated this, I don't understand why I am subject to moving out and paying rent at her convenience.

Imagine the scenario where I have lived in the house for less than one year, and she has given me 30 days notice. That would mean that I am forced to stay until the end of the 30 days, which give me, as the tenant, no flexibility whatsoever.

Additionally, the reference you stated only requires me to be OUT BY the end of 60 days.
 
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