Legal Question in Landlord & Tenant Law in California

Hello - My lease on my house expired at the end of August. I had informed the landlord that I planned to stay, but the landlord told me on August 14th that he wasn't going to renew my lease and I had to vacate the house by the end of August. This only gave me about 2 weeks to find a place and make arrangements to move out. Isn't there supposed to be a minimum amount of notice?


Asked on 9/09/09, 12:33 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

I assume from the information you posted that you had a one-year lease. You are correct that the landlord must give you more than two week's notice. What he should have done, is given you a thirty day notice on August 1, 2009. That would have been proper notice because you had lived in the home for less than one year at that time. He has no obligation to renew your lease, or even give you a reason for why he is terminating your tenancy. That being said, however, a two-week notice is insufficient; he should not be able to evict you when the notice expires (or expired). Now that you have lived in the property for more than one year (assuming your lease was a one-year lease), he now must give you a sixty day notice to terminate your tenancy. You do have to continue paying rent throughout the time that you continue to occupy the property, but it will give you more time to find a new place to live. If, however, your lease was for less than one year, then he may only have to give you thirty day's notice (the one-year mark is the dividing line between having to give a thirty or sixty day notice to terminate your tenancy).

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/09/09, 12:59 pm
Roy Hoffman Law Offices of Roy A. Hoffman

I respectfully disagree with Mr. Gibbs. If you entered into a fixed term lease (i.e. for a term of 1 year) your tenancy expires automatically and the landlord is not required to give you any notice. See California Civil Code section 1933.

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Answered on 9/09/09, 2:24 pm


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