Legal Question in Landlord & Tenant Law in California

I truly have the tenant from hell. I served her a 60 day notice to Terminate Tenancy a week ago and I now realize that she has resided in my home less than one year. I should have given her a 30 day notice instead. Can I make the 30 notice retro-active to when I gave her the 60 day notice by mistake?


Asked on 2/25/10, 5:34 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You can, if you are 100% certain she has lived in the property for less than one year 'on the date you serve the new notice,' serve a new 30 day notice. Be sure to include language on the notice that it supersedes and replaces all prior notices given, and be sure to serve it properly, pursuant to the CCP. It cannot be retroactive to the date of service of the 60 day notice. Again, check that as of the date that you serve the new notice, she has not been living in the property for one year or more, or you are back to having to give a 60 day notice, in which case you may as well rely on the original notice.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/05/10, 8:25 am


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