Tenant gave shorter notice they will vacate.

Oakland, California
General Landlording & Rental Properties
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Tenant gave shorter notice they will vacate.

Dean Bergstrom
Member since 2024 · 4 posts · 6 votes

I have a California rental. In their contract, the tenants have 45 days to give notice, which they have signed for the past 4 years, with annual renewals and increases. They are all caught up in rent, but just gave a 30 day notice they are vacating. Are there any repercussions for them? 

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James Derry
Member since 2024 · 49 posts · 23 votes
1y

I'm not sure I would bother. It's close to the 45 days, they are current on payments and no monetary penalty was defined in your lease. Also, If you needed legal council, there is a good chance you would lose money over it. 

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  • Robert Masucci
    Real Estate Consultant · Remote · Member since 2025 · 48 posts · 21 votes
    1y

    Hey Dean, what does the lease agreement say is the penalty for not giving ample notice and is that something you want to enforce or were they good tenants while they were there? 

    0Reply
  • Dean Bergstrom
    OP
    Member since 2024 · 4 posts · 6 votes
    1y

    It does not say there is a penalty.  They did give a solid 30 day notice. But yes they paid rent on time, but complained about little things.  Aslong as their rent is paid up, I'm not certain, but I doubt if California will alow me to take those 15 days as rent from their deposit.  

    1Reply
  • James Derry
    Member since 2024 · 49 posts · 23 votes
    1y

    I'm not sure I would bother. It's close to the 45 days, they are current on payments and no monetary penalty was defined in your lease. Also, If you needed legal council, there is a good chance you would lose money over it. 

    3Reply
  • Chad Hale
    Property Manager / Investor · San Jose, CA · Member since 2013 · 780 posts · 302 votes
    1y
    Now is a good time to re-rent.  I'd get on with it and not worry the 15 days.
    1Reply
  • Mackaylee BeachPro Member
    Real Estate Agent · Kansas City, MO · Member since 2020 · 1k+ posts · 492 votes
    1y

    If your lease agreement specifically states that tenants must provide a 45-day notice, then they are technically in breach of their contract by only giving a 30-day notice. However, the practical repercussions can vary.

    If your lease clearly specifies 45 days and they agreed to this in writing, you might have grounds to seek compensation for any financial loss incurred due to the shortened notice period. This could include loss of rental income if you are unable to find a new tenant in time.

    However, pursuing legal action can be time-consuming and costly, so it might be beneficial to have a conversation with your tenants to find a mutually agreeable solution. Consider discussing the situation with them to see if they are willing to meet in the middle, perhaps by agreeing to pay for the additional 15 days or assisting in finding a new tenant. Whatever you decide, it's always a good idea to document all communications and seek legal advice to understand your rights and options fully.

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  • Ryan RomingerBusiness Member
    Real Estate Broker · Indianapolis, IN · Member since 2018 · 340 posts · 144 votes
    1y

    If your lease clearly states a 45-day notice requirement and the tenants agreed to and signed it with each renewal, technically they’re in breach by giving only 30 days. That said, in California, local and state laws typically override lease terms when it comes to notice periods, and many jurisdictions only require a 30-day notice if the tenant has lived there for less than a year—or a 60-day notice if more than a year—but from the landlord.

    So even if your lease says 45 days, you may not be able to enforce that term depending on your local ordinances. As for repercussions, unless the shorter notice causes you a clear financial loss (like a gap in rent), there may not be much to pursue legally. Most owners just focus on turning the unit quickly.

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  • Rich Bergstrom
    Dublin, CA · Member since 2015 · 10 posts · 1 vote
    1y

    Thanks for all the useful comments!

    I have one more consideration.  They damaged  an expensive wood blind.  Basically one of the slats were broken.  I don't think it would be fair to charge what i believe would be $500 + replacement.  But all the other blinds  are in great shape except this one. How much to deduct from their deposit? 

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  • Joe Green
    Member since 2019 · 9 posts · 5 votes
    1y
    Have you had a conversation with them about the short notice?  They might not realize they were shorting you if they assumed that a 30 day cycle was typical.
    0Reply
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