Legal Question in Real Estate Law in California

Re: Exact meaning of ''30-day notice''

This is governed by Civil Code 1946, and the 30 days is measured from the date notice is given [delivered]to the landlord. Any ordinary letter is deemed by law to be delivered 3 days later[but the law does not contemplate ordinary mail as a method of delivering this notice]. The Code requires personal delivery or registered mail, return receipt requested. I always counselled my clients who were tenants for a term to give notice at least 35 days or more before the termination date. However, the notice is not void if not timely, and in this case, the tenancy terminates 30 days after the notice is delivered. So, if your notice arrived 28 days before the end of the month, you might owe 2 more days in rent. Most landlords are not that picky. Good luck.

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Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

Re: Exact meaning of ''30-day notice''

The day you hand the notice to the landlord isn't counted. Then the next day is one and thirty days later on that 30th day you move out if you haven't moved already. However you owe rent for the full thirty days. Since you're paying rent every thirty days you will owe the rent for the period of the thirty day notice. That's why most people pay the rent and hand the thirty day notice ot the landlord at the same time. In the real world most people give the notice and don't pay the rent since they've got a security deposit of thirty days.