Legal Question in Landlord & Tenant Law in California

Assuming that the lease is a month-to-month lease, or that there is no remaining term on a term lease, then the applicable standard is a 60 day notice. Understand also that this time frame could be altered by a lease agreement - a lease and provide for a longer term (i.e., 90 days), so be sure that the landlord reads and fully understands what the lease requires, if anything different from the code. Also understand that there are other factors which could affect the 60 day notice requirement - is there a local rent control ordinance. LA in some areas has a restriction on a landlord's ability to even terminate a tenancy - even a month-to-month! Further, the code section in question has a few exceptions dealing with properties under contract to be sold.

The code standing alone is very clear - under 1 year, 30 day notice. One year or more, 60 day notice. No "add-on" for seniors, unless they are living in a residential senior care facility, in which case there are an entirely different set of rules. But, part of our job as an attorney is to apply the facts of a given situation to the various permutations of the code, and intermingling of other laws that might affect the code. With the bare minimum facts given, it is impossible to say absolutely for sure that the correct notice is a sixty day notice. Refer to California Civil Code �1946.1 - you can find that on the internet.

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