Legal Question in Landlord & Tenant Law in California

If I was given a 60-day notice to vacate by landlord, due to the owner moving in, am I required to give 30 days notice, written or oral, if I move out before the 60 days? I was given the notice on July 27 and told I had to be out by September 25. I found a place and was able to move in August 14, so I paid rent at the first place through August 20. I wrote them a check on August 6, paid a late fee, and told them I would be out by the 20th. They took rent out of my security deposit for August 21-31 and September 1-5. I can understand if I'm liable for the remainder of August, but feel I should not have to pay for any of September. Thanks!


Asked on 9/04/10, 4:56 pm

1 Answer from Attorneys

Yes, unfortunately if you wanted to trump their 60-day notice, you had to give a 30-day notice. When you told them on 8/6 that you would be out 8/20, they credited you with giving a 30-day notice. Otherwise they could have charged you rent to 9/25. They took the cautious and courteous rode, instead of playing hardball requiring a written 30-day notice. Only charging through 9/5 is legally appropriate and pretty fair.

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Answered on 9/09/10, 10:16 pm


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