Tenants notice: 30 or 60 day?

[Rich Bergstrom]

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

[Dustin Allen]

@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.