Legal Question in Landlord & Tenant Law in California

30-day notice

I was given a 30-day notice on March 5. Thirty days will run into April. Am i required to pay rent for April? I have lived here for 6 1/2 years. I was told i didn't get a 60 day notice because the buyer fulfilled the requirements needs for 30-day notice - Will live in house for 1 year, escrow has started, etc. Is this also true?


Asked on 3/09/09, 4:36 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: 30-day notice

I am a little confused by your post. If you are a tenant, and have resided in the house for more than 1 year, you must be given 60 days notice. When they bought the property is irrelevant - that statute provides that they must give 60 days notice unless you have resided in the property less than 1 year, in which case it would be thirty. Yes, you have to pay rent up to the date on which you vacate the property. That last business of living in the house for 1 year, escrow has started, etc... doesn't make any sense. The measure of which notice must be given - 30 or 60 days is dependent ONLY upon the length of time you have occupied the property as a tenant. The only possible exception is if there was a foreclosure within the past 12 months, in which case they might argue that your tenancy started a-new when the foreclosure sale took place, but that's a stretch, and I think you could prevail arguing that they owe you 60 days notice. Good luck.

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Answered on 3/09/09, 5:01 pm


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