I gave my tenant 30 day instead of 60 day notice on a month to month lease

Asked almost 2 years ago - Glendale, CA

I gave my tenant 30 day notice instead of 60 day notice. I found out I had to give a 60 day notice after I gave them the 30 day notice because they have stayed there for more than a year, do I give them a 60 day notice again or just add another 30 days. He is already informing me that he is not going to move out and for me to take him to court.

Attorney answers (2)

  1. 5

    Lawyers agree

    Answered . Your prior notice was ineffective. You need to reserve a proper 60 day notice. If you anticipate that this will be a problem tenant, it might be advisable for you to retain counsel from the start so you do not make any further missteps.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. 5

    Lawyers agree

    Answered . You cannot extend the length of the original notice. You must start over with a new 60 day notice.

Related Topics

Notice to vacate property

A notice to vacate is a written notice from a landlord telling a tenant to move by a certain date. Often you'll have 30 days to leave, but state laws vary.

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

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