Tenants notice: 30 or 60 day?

Question

On May 27 my California tenant gave me notice that they will move out by July 2. They have been in the place 5 ½ years and are paying month to month. However their signed lease says they have to give a 60 day notice. Does anyone know, in California if they have honor the 60 notice if it is in their contract, or 30 days is the law? If the 60 days presides, this would put them responsible up to July 27.

Thanks,

Rich

Thanks,

Rich

Tony Savage · Answer

I agree with Dustin, let the tenants move. They were kind enough to give you a 30 day notice.  You will not have a problem getting you place leased.

Dustin Allen · Answer

@Rich Bergstrom

It sounds like the lease agreement expired? If so, I don’t think you can enforce the 60 day notice.

If you were giving them notice, you would have to give 60 days notice because they have been in the house for over a year.  Only 30 days notice is required when tenants have been in a property for less than a year.

I wouldn’t worry too much.  You should be able to rent the place out again very quickly and even increase the rent if it wasn’t already at market rate.

Dennis Maynard · Answer

When a landlord is giving notice to a tenant, State law says 60 days.  When a tenant is giving notice to a landlord, it is subject to the contract.

Loon Da · Answer

@Dustin Allen. Thnaks Dustin. Yhis is very helpful and clarified my question. Just got to wait until July 1, 2021 since COIVD it has changed the Notice of Termination.

Dennis Maynard · Answer

@Rich Bergstrom carpet has a useful life if 7 years if I remember correctly. So you would take the replacement cost and divide by 7.  Then multiple by 2 and bill.

Max T. · Answer

@Rich Bergstrom

Who cares just find a new tenant you have enough time.

Rich Bergstrom · Answer

@Dennis Maynard

Thanks for the reply… how would you handle the damage to the carpet from their cats claws?  The townhouse is 15 years old, but the condition of the carpet is very good, I suspect it was replaced before I owned it in 2014.

Dennis Maynard · Answer

All of these replies are subject to local rent laws.  In LA we have RSO laws that have additional criteria and requirements.  Furthermore,  I saw some responses that suggested the contract expiration causes the contract to be null and void of terms.  This is not the case.  With rental contract law, a continuation of the contract aka month to month tenancy continues the contract under the same terms and conditions that were originally established.  You wouldn't keep the deposit because the contract was expired would you?  No.  It is a continuation under the terms established.

With regards to the tenants, 5 1/2 years tenants is an awesome run.  Let them go and thank them for being tenants.  Don't forget to offer a pre-inspection move out to notify them of items in need of repair or you will need to bill them for it.

I hope this clarifies some items.

Andrew S. · Answer

Tell them you appreciate their long tenancy and best of luck on future endeavors. Let me move out whenever they please.

Dustin Allen · Answer

@Loon Da

There are limited exceptions. Single family housing can be exempt in certain circumstances.

https://www.car.org/-/media/CA...

Tenants notice: 30 or 60 day?

Most Popular Reply