Legal Question in Landlord & Tenant Law in California
On 8/31/09, we were given a 30-day eviction notice, via email and phone call. We have lived in our home since June 2007, have never been late on rent, and have no complaints against us. Our landlords' reason for our eviction: they need to move back into our home. Is the 30-day notice legal, or should we have been given 60 days? We have found a new home, but will not be able to move in until Oct. 15, and were told to be out of our current home by Oct. 1. What are our rights? We would greatly appreciate any feedback that you can give.
2 Answers from Attorneys
You are entitled to 60 days notice for a tenancy of over one year. Also, unless you have agreed to waive notice in writing and accept emial and phone call notice, the notice is ineffective, so the 60 days have not started running. So you have a right to stay until the 15th. You are, of course, responsible for the 15-days rent.
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