Legal Question in Real Estate Law in California

30 day notice

Our tenant built a structure on our property. We sent a registered letter dated July 10th stating the structure had to be removed by July 16th or consider the letter 30-day notice to vacate.

The tenant did not remove the structure and has sent us notice that he will be vacating as of August 31st.

The rent is currently paid thru July 31st.

Does the tenant have the right to stay through August since we gave 30-day notice in the middle of the month?

Thank you.


Asked on 7/29/01, 7:34 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: 30 day notice

No, a properly-delivered 30-day notice terminates a month-to-month tenancy 30 days later, regardless of the rent due date or the day of the month the notice is served.

However, if you accept rent in excess of what is owed, pro-rata, for the "short month," you will be deemed to have cancelled your 30-day notice and you will have to start over.

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Answered on 7/30/01, 1:59 pm


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