Legal Question in Landlord & Tenant Law in California
I live in California and have been at my residence for 8 years originally on a yearly lease that rolled over to a month to month. In mid April my landlord served me with a 43 day notice of termination. We told him that was not a valid notice and today (May 15th) received an amendment saying the 43 day notice is now a 60 day notice and starts the day of service. So I guess they are saying we need to be out by the 19th of June? Here are my questions:
Since the first notice was invalid them adding anything to it wont make it valid, correct?
Since we pay month to month can they even serve us a notice in the middle of the month thats effective in the middle of the month?
If this is invalid, do they need to serve us a correct 60 day notice of termination by the 1st of next month (or any month if they miss the 1st of June)?
Thank you
2 Answer from Attorneys
They have to give you sixty days notice. A defective notice cannot be amended retroactively. The sixty days can, however, start any time in the month.
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