Residential Apartment Lease requires 60 days notice for termination?

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   Answered by a user May 06, 2009 00:37. Although contract law allows parties to freely enter into an agreement and be subsequently bound by the express terms of the contract, no court will uphold a contract provision that violates a statute or other valid law.
   
   In California, Civil Code 1946 outlines the requirements for notice. Civil Code 1946 states: "a [lease] term not specified by the parties, is deemed to be renewed... at the end of the term... unless one of the parties gives written notice to the other of his intention to terminate the [tenancy], at least as long before the expiration thereof as the term of the hiring itself, NOT EXCEEDING 30 days... [however] an agreement... to terminate the [tenancy] may be given at any time not less than seven days before the expiration of the term thereof."
   
   Thus, If a tenant is renting day to day, that tenant must give at least 7 days notice. If the tenant is renting week to week, that tenant must also give 7 days notice. If the tenant is renting month to month, that tenant must give 30 days notice. However, if the landlord and tenant in the month-to-month lease agree that 10 days is sufficient, then they only need to give 10 days instead of 30 days (but only if it is expressly and unambiguously stated in their contract).
   
   Also, California Civil Code 1953 expressly forbids tenants from contracting away certain rights. One of the rights protected under Civil Code 1953 is the right to notices. California has this law to protect tenants from landlords who use their superior bargaining power to force tenants into unreasonable contracts.
   
   In addition, there is a strong public policy argument against enforcing 60 day notices from tenants. The state law (in CA and in most other states) allows a landlord to raise rent and change lease provisions (in a month-to-month lease agreement) by only giving 30 days notice. It would be unfair to require a tenant to involuntarily accept these changes since they would not be able to leave until 30 days (60 - 30 = 30) after the changes take place. (e.g. landlord gives 30 days notice that rent will be increased, but the tenant is stuck in the lease for a minimum of 60 days; thus, during the last 30 days, the tenant is forced to pay the higher rent or abide by some other changed provision).
   
   Most landlords are confused and feel cheated by a law (Cal.Civ.Code 1946.1(b)) which requires LANDLORDS to give 60 days notice to tenants who have been leasing their property for over one year. Landlords illogically think it is okay for them to require tenants to give 60 days notice since they are required to provide 60 days notice themselves. Landlords must understand that: 1) they are in business, and like most other businesses, the majority of liability will fall on them; 2) shelter is a necessity to human life and any laws governing such a fundamental necessity should be in favor of tenants; and 3) if landlords do not like the rules they are required to play by, then they are free to pursue alternative uses for their property.
   
   To sum up your question... No, a landlord cannot force a tenant to give 60 days notice even though their contract might stipulate such a requirement. However, your landlord will not like this answer, and you will probably have to go to court and argue your case as to why the contract provision should not apply. But any good lawyer should be able to help you succeed. Most of the general public will tell you that since you signed a contract that declares a 60 day notice, you are bound to it. This is just not true in all cases. There are exceptions to almost every rule. Find a good lawyer that can help you understand these exceptions.
   
   Good Luck.

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