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60-day move out notice?

Daly City, CA |

I lost my job and will no longer be able to afford the rent ($1,300) at my apartment building. I began residency here in September 2008 and signed a 6-month lease. After the 6-months ended, I continued living at the location, paying month-to-month. As soon as I lost my job, I contacted my landlord (June 27, 2009) and gave her my 30-day notice, letting her know I would be moved by August 1, 2009. People have come to view my apartment frequently, but my landlord just notified me, stating that I now have to pay until August 15, 2009 ($650 more), claiming that she requires a 60-day notice. In the 6-month contract it does state a 60-day giving notice but the terms expired after 6 months and no new agreement was formed. I know the law only states the tenant must give 30-days...

Attorney Answers 2


  1. Show her this information from the California Department of Consumer Affairs website:

    "To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move. You must give the landlord the same amount of notice as there are days between rent payments. Civil Code Section 1946.1(b). This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move."
    http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

    If you still have problems after that, call the Legal Aid Society of San Mateo County:
    http://www.legalaidsmc.org/probono.htm

    DISCLAIMER
    I am licensed to practice law in California. This information is not applicable to states other than California. This response is intended as general education, not legal advice to be relied upon. I do not know the specific facts of your situation; under certain facts this information may be inapplicable. This communication does not create an attorney/ client relationship. The questioner is urged to seek a personal consultation with an attorney.


  2. What she "requires" is not stated in the contract, and even if it were, your contract term has expired. You are on month to month, and you only have to pay for one month upon notice of leaving. She is wrong.

    Stephanie White
    THE LAW OFFICE OF STEPHANIE WHITE
    Simi Valley, CA
    www.805Lawyer.com

    DISCLAIMER: The above is not legal advice nor does it establish an attorney-client relationship with the person posting the question or any person reading the above. There is no attorney-client relationship between any reader and this writer or her firm. These comments are not subject to any privilege protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

    The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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