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What is a legal 30 day's notice on a month to month tenancy in California? My lease expired on my apartment at the end of Aug.

Laguna Beach, CA |

After giving my 30 days notice on February 14th , my apartment owner sent me this : " Your 30 day notice will run to the end of March , not to the 14th , as the rental term is from the first of the month to the end of the month , that is the law . If you stay just one day into the next month , you owe for the entire month . After leaving and giving back all your keys , if there are no damages and the cleaning is done you will receive your security deposit money back . " Is this true ? Is he intentionally lying ? I so appreciate the clarification , thanks ! I'm trying to move before the 14th without penalty .

Attorney Answers 1


  1. Unless your expired lease provides otherwise, California law provides that a tenant can give a 30 day notice on any day of the month. (See CA Civil Code 1946 and 1946.1). Civil Code section 1946 uses the phrase "at any time" with regard to the 30 day notice.

    Frank 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.

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