Legal Question in Business Law in California
I have a subscription contract for a online real estate service. I attempted to cancel at the end of tbe 1st year with a 30 day notice. I have been informed that the contract requires a 60 day cancellation notice. Is that legally enforceable? I thought there was a 30 day statute?
2 Answers from Attorneys
There are statutes that specify notice periods, 30 days, 60 days, etc., as between landlord and tenant for termination of an open-ended, month-to-month rental agreement. It's also likely that there are other statutory notice periods for things like subscriptions and services such as yard maintenance, janitorial, laundry, etc. supply services. However, even in these cases, the statutory provision will probably operate only as a "space filler," to operate in cases where the contract does not mention any notice period.
In your case, you need to look at your contract to see what it says. If indeed it calls for a 60-day notice, that's probably going to hold up in court.
You didn't describe the type of service, but if anything like a publication or print advertising is involved, a 60-day notice period may be entirely justified because of publishing, printing and distribution schedule considerations.
There is no law limiting the notice in that kind of situation. It is up to the parties' contract.
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