Legal Question in Landlord & Tenant Law in California
45-day notice
Can a lease require that the tenant provide a 45 day notice of termination in California?
Asked on 2/16/09, 3:06 pm
1 Answer from Attorneys
Richard Koman
Law Offices of Richard C Koman
Re: 45-day notice
Absolutely. A lease is a contract between two parties. If the parties agree to 45-day notice, the law isn't going to have a problem with that. Your only argument would be that it's an unconscionable term, that based on the relative bargaining power of the parties, you had to agree to the term and the term in somehow punitive or unfair. Since 30 days is standard, it doesn't seem that 45 days is a grossly unfair condition on the tenant. If it is such an issue, there are plenty of places that will rent on 30 days notice.
Answered on 2/16/09, 11:51 pm