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LegalCornerTM - Landlord - Tenant F.A.Q.'s |
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Q.How much notice is a month-to-month tenant required to give before moving out?
California Civil Code Section 1946.1 requires a tenant to give the landlord the same amount of notice as there are days between rent payments. If the tenant pays the rent monthly, the tenant is required to give the landlord 30 days advanced written notice of the tenant's intent to move (7 days for a week to week rental), even if the landlord has already given the tenant a 60-day notice to move and the tenant wants to move on an earlier date. If the tenant has signed a one year lease and wants to leave the minute the lease ends, the tenant is required to give 30 days advanced written notice.
The notice can be given any time during the rental period. For example, if a tenant has a month-to-month rental agreement with rent due on the 1st day of the month, the tenant can give notice any time during the month (e.g. on the 5th, 10th, 20th, etc.) and leave 30 days thereafter. So, if the tenant gives notice of his or her intent to move on September 5, the tenant can move on or before October 5 so long as the tenant pays the rent through October 5th. The notice should be addressed to the landlord, signed, dated and either given to the landlord in person or by certified mail with return receipt. If the address provided by the landlord does not accept signature required mail, send the letter anyway (keep it unopened when it is returned) and send a copy by first class mail with delivery confirmation. Note: If you signed a one year lease that contains a clause saying that the tenant can terminate the lease upon 60-days notice, the clause is invalid and the lease may be deemed a month-to-month rental agreement. A California tenant cannot be required to provide 60 days notice. If you are in this situation, before you act, contact a local licensed landlord-tenant attorney.
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