Legal Question in Landlord & Tenant Law in California

Lease Agreement Term (ending date 30 day notice req.)

Lease agreement states: Lease until 7/31/05, thereafter this is a month-to month tenancy.

Landlord is selling the property - when can landlord give the 30 day notice to vacate property?

Can he give the 30 day notice to vacate on 6/30 or must he give notice on 7/31?

We want to stay until 8/30, but don't know which date is the effective date for landlord's notice.

Please advise as soon as possible thank you very much!


Asked on 6/07/05, 8:32 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Lease Agreement Term (ending date 30 day notice req.)

I'm not sure whether you are the tenant or the landlord. If landlord is selling the property, he must sell it with the tenant and subject to the lease contract. If the landlord wants to evict the tenant, a 30 day notice is useless until the lease expires. The first day a 30 day notice would be viable from the landlord would be August 1st.

If the landlord wants to regain possession after the expiration of the fixed-term lease, he may give a notice of intent not to renew the lease on a month-to-month basis. He still may have to face a holdover tenant who refuses to leave.

If you are the tenant, you may give your 30 day notice anytime after August 1st. Good luck.

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Answered on 6/07/05, 9:09 am


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