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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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The lease on my home calls day notice of termination. I

Customer Question

The lease on my home calls for 60 day notice of termination. I received a 46 day notice of termination. No reason other than landlord wants to sell. What are my rights?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

The 46 day notice is unenforceable.

You have 2 choices.

  1. You can ignore the notice, and if the landlord tries to enforce it (file an unlawful detainer (eviction) action against you), you can defend the matter claiming that you received insufficient notice. This has the benefit of giving you more time in the home, but has the distinct disadvantages of placing you as a potential defendant in an unlawful detainer case, where you suffer the "inherent risks of litigation" (the judge may rule against you, even though your contract says otherwise).
  2. You can be more proactive about this, you can write back to the landlord, notify them that you are in receipt of their 46 day notice, cite the clause in your contract that gives you 60 days notice, and let them know that you require new notice with the proper amount of time. (So they must send you new notice with a full 60 days - they cannot "date back" to the date of the improper 46 day notice - also called "tacking" (this does not apply, you get a full 60 days!).

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