Legal Question in Real Estate Law in California
My tenants signed a lease with 30 day notice to terminate tenancy and they have been living at the property for 2 years. Do I have to give the tenant 30 days or 60 days notice to vacate?
3 Answers from Attorneys
60 days under the new legislation.
Sixty days is correct, except if this was a true term lease rather than an open-ended month-to-month it would expire at the end of the specified term without any need for either party to serve notice on the other.
All answers about residential lease or rental terminations are based on state-wide general law and do not consider possible local rent-control ordinance provisions.
That's why I write in a reciprocal 60-day notice of termination of month-to-month tenancies after one year into all my residential leases. That way I don't wind up having to give 60 and they can give 30.
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