Legal Question in Landlord & Tenant Law in California
I have been renting a single family house in California for the last two years. The last one year we have been on month to month agreement. At the beginning of this month the landlord gave us a 30 day notice, since we are having trouble finding a place we requested for 60 days, but they are refusing. What is legal number of days that the landlord needs to give the tenant to vacate who has been renting for over 2 years?
1 Answer from Attorneys
You are in luck! California law requires that a landlord, in a month-to-month tenancy, must give the tenants a sixty (60) day notice to terminate tenancy if the tenant has occupied the property for one year or more! The landlord cannot simply now give you another 30 day notice, he must give you a new, sixty (60) day notice which runs from the time it is legally served. Wait until closer to the date on which the 30 day notice expires, then send him a letter indicating that you will not move until you are served with the property sixty (60) day notice, and then you will move at the end of that time. Be sure to pay all rent due between now and then - if you don't pay rent, he can then evict you on a three (3) day notice. In that letter, tell the landlord to go look at California Civil Code � 1946.1(b) which provides that he must provide a sixty (60) day notice.
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