Legal Question in Real Estate Law in California
60 day notice to quit
can i get a 60 day notice to vacate during the middle of the month? i was given a 60 day notice on the 19th of the month and told to vacate premises on the 19th following the service date of the 60 days? is that legal? or does the notice become active the begining of the following month?
example: served 2-19 notice becomes effective 3-1....or is it from 2-19? thank you
2 Answers from Attorneys
Re: 60 day notice to quit
Sixty days means 60 days, not two months. There are 29 days in February this year (leap year) and 31 days in March. If you got the notice on February 19 you must move out on April 19. When you pay April rent, only pay 19/30 of the rent.
Re: 60 day notice to quit
The notice may be given on any day of the month and the clock begins to run when the notice is give, irrespective of the beginning of the month or the day of the month the tenancy began or when the rent is due. The term "sixty days" is given its literal meaning.
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