My landlord gave me a 30 day notice to vacate but I've been renting this house for 7 years.Shouldn't it be a 60 day notice?

Attorney answers (2)

1. Licensed in CA

   

   James Eschen

   Santa Cruz Landlord / Tenant Lawyer

   Contributor Level 16

   1

   Lawyer agrees

   Answered February 12, 2013 15:53. Yes, you need a 60-day notice. No, the landlord cannot credit the 30 days in this notice towards the 60. He has to give you a brand new 60-day notice. The notice is supposed to state the address, but if it definitely refers to you, it will probably be enough.

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2. Licensed in CA

   

   Frank Chen

   San Marino Real Estate Attorney

   Contributor Level 20

   Answered February 12, 2013 21:32. If a tenant is current on rent and has been a month to month tenant for more than 12 months, then a 60 day notice is required as required by Civil Code section 1946.1(b). The 30 day notice would be invalid and a completely new 60 day written notice must be served.
   
   Generally speaking, the 60 day notice should be in writing, should state the full name of the tenant or tenants, should state the full address of the rental property, should indicate that the month-to-month tenancy will end in 60 days, and should be signed and dated by the landlord.

   Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... moreFrank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney. less

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