Legal Question in Landlord & Tenant Law in California
Lease states 60 day notice to vacate
I signed a lease stating that I must give 60 days notice to vacate. I read online that it is not legal for landlord to require 60 days notice... is that true?
Asked on 12/26/07, 4:29 pm
1 Answer from Attorneys
Robert L. Bennett
Law offices of Robert L. Bennett
Re: Lease states 60 day notice to vacate
Normally a 30 day notice by tenant is sufficient.
I am not aware of any law that makes it illegal for a landlord to require 60 day notice.
Also, usually the provisions of the lease control, because it is a contract, and, unless you were deceived, or there is some reason to believe the contract is unenforceable, the lease prevails.
I would take the landlord's side here, and say you need 60 day notice.
Perhaps you can negotiate a happier result, if you prefer to vacate earlier than 60 days.
Answered on 12/29/07, 2:47 pm