My landlord gave us a 30 day notice to vacate with no real reason other than her and my wife do not get along and have had several verbal exchanges. Our rental agreement (month to month) states that she can give us a 30 day notice to vacate without any reason. We have lived on the property for 8 years. Does the contract override California Law that states we must be given a 60 day notice if we have lived on the property for over a year?
Based on the facts you have outlined, the landlord must give you a 60 day notice to vacate (see California Civil Code Section 1946.1(b)).
No information you obtain from this answer is legal advice, nor is it intended to be. No attorney-client relationship is intended or formed between the questioner and answerer. You should consult an attorney for individualized advice regarding your specific situation.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
You are correct. Under the circumstances the landlord should provide you a 60-Day Notice in order to terminate the tenancy.
In California, a landlord can end a periodic tenancy (month-to-month) by giving the tenant proper advance written notice. The landlord must give sixty (60) days written notice that the tenancy will end if every tenant has lived in the rental unit for a year or more. (Civil Code section 1946.1(b).)
However, the landlord must give the tenant thirty (30) days written notice in either of the following situations:
-- Any tenant or resident has lived in the rental unit less than one year (Civil Code section 1946; Civil Code section 1946.1(c)), or
-- The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends.
In addition, all four of the following must be true in order for the selling landlord to give the tenant a 30-day notice:
(a) The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
(b) The landlord must have given the tenant the 30-day notice no later than 120 days after opening the escrow, and
(c) The landlord must not previously have given you a 30-day or 60-day notice, and
(d) The rental unit must be one that can be sold separately from any other dwelling unit.
(Civil Code Section 1946.1(d).)
The landlord usually is not required to explain or state a reason for ending the tenancy in the 30-day or 60-day notice.
The landlord may serve the 30-day or 60-day notice by certified mail or by one of the methods described under Civil Code Section 1946.1(f).
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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