Legal Question in Landlord & Tenant Law in California

I recieved a notice to vacate within 30 days on the 2nd of May at 6pm. They're telling me to be out by midnight on the 31st. I say I have until 6pm on the 1st. Can you help?


Asked on 5/07/11, 5:53 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

I assume that you have a month to month tenancy and the landlord served you with a 30 day notice that the tenancy will not be renewed. You are entitled to at least 30 full days of notice. 5/31 is the 29th full day after 6 pm 5/2, so you are entitled to stay until at least 6 pm 6/1/11. The normal procedure is not to count the day of service, as the court usually counts only full and not partial days. Thus, you probably are entitled to stay until the end of the day of 6/2/11. Speaking as both an attorney and a landlord, it is foolish for a landlord to try to split hairs where doing so might result in the court tossing out the entire notice. As long as you pay the rent, what does it matter to the landlord whether you move out 5/31, 6/1, or even 6/2. Any desirable new tenant would have to give 30 days notice to their current landlord so would not be able to move in until 6/7 anyway.

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Answered on 5/07/11, 7:09 am


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