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Can I rescind a 30 day notice to move if I do so before the 30th day?

Los Angeles, CA |

I've rented an apt. in L.A. for 9 yrs (never late) and have a wonderful rel.with my landlord. My tenancy was a lease for the first 4 yrs, and mo.for the last 5 yrs, however I told her I need to move if I don't find employment again within the next month.

If I pay & also give my 30 day notice to vacate, may I also be able to rescind this notice and continue to stay if I do so before the end of my 30 days, or can the landlord rent the someone sight unseen in anticipation of my leaving? I really wouldn't feel right committing to a potential job if in fact the landlord can do this, as I'll be needing to leave the state if in fact I will need to move. I really love my apt and landlord wants me to stay but I get the feeling she has someone interested as she keeps asking

Also, since Feb only has 28 days, does a 30 day notice to move take me to the 2nd of March, or is "30 days notice" just meant to be understood to be 'the month of'? ***Note re above: I meant to say...can I rescind my notice during my paid month of Feb, & continue to stay as long as I continue to pay my next mo. rent? Thank you

Attorney Answers 2


You count the 30 days from when your notice is given, and it doesn't have to be given on the 1st of the month. Once given, it's up to the landlord if she will rescind it. If you are already in the apartment, I would think she would be happy to extend the lease if you asked to withdraw the 30 day notice. You can always tell her that you'll agree to another year lease. If she has the assurance that you're committing for a longer period, then it is more encouragement for her to keep you. If you vacate she will have to clean, advertise, and the transition won't be from one day to the next. You are a known quantity to her.
Scott Rights, Esq.

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Normally, you cannot rescind a 30 day notice to terminate. However, if your landlord is willing to give you an extension of time to move out, it is fine.

Practically speaking, if you fail to move out by the 30th day, the landlord must file an unlawful detainer lawsuit against you. The eviction process could take at least 30 days.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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