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.

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Answered on 12/29/07, 2:47 pm


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