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CA landlord tenant laws, tenant notice to vacate

Apple Valley, CA |

If a tenant is given a 60 day notice to vacate and moves out before the 60 days is the tenant responsible for all the rent

If I plan to move before the 60 days, do I need to give a full 30 day notice, or can I just state my ending date (3 weeks ahead)?

Attorney Answers 2


Thanks for using Avvo. I am an Avvo Staff Moderator. To read more about our moderation team, follow the link below. Our current question volume may increase the response times of our loyal Avvo lawyer-answerers. My goal is to give you some preliminary information and guidance regarding your legal situation while you wait for an attorney in your area to respond.

The short answer generally is yes. However, the resource I have linked to is an excellent primer on CA landlord tenant relations and should answer all your questions. It also has a link to information regarding the small claim process in CA. If you want to confirm with a CA lawyer the status of your legal rights you can look one up here on Avvo (some of whom give free consultations) or contact your local lawyer referral service.

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I would agree with the answer provided by the moderator, with one additional note. If you are on a month-to-month rental agreement, you might be able to avoid paying part of the rent by giving your landlord prompt 30-day notice terminating your rental agreement. That is, upon receiving the 60 day notice, send your landlord a notice that you intend to vacate the apartment and end your tenancy the following month.

Such a notice only becomes effective the month following the month in which you give notice - that is, if you send notice to your landlord on May 2nd, you are obligated to pay your rent for both May and the following month, June, since your 30 day notice is too late to be effective for May, and would only become effective beginning June 1st. If, however, you gave notice on May 29th, you would only have to pay rent for June since your 30 day notice would become effective the first day of the next month, June 1st.

So, if you received the 60 day notice near the end of one month, say May 29th, requiring you to vacate at the end of July (60 days later), you could immediately give written notice of intent to vacate at the end of June and avoid having to pay the July rent.

Good luck.

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