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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37639
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I have been having issues with my landlord and property. I

Customer Question

I have been having issues with my landlord and property. I was informed by a CA lawyer several months ago that since i am on a month to month lease and we have been there for 3 years that I do not need to provide 30 days notice. We can move at any time. Can you help with this.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 30 years, and I have handled real estate and landlord-tenant law during that time.

I am hoping that you merely misunderstood what the attorney told you about not having to give any notice, and it wasn't that the attorney gave you 100% inaccurate advise---but the reality is that a month to month tenant who pays rent monthly, regardless of the amount of time they have rented a unit, must provide the landlord (with only rare exception) with at least 30 days written notice of their intent to terminate a tenancy under CA law.

This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. However, if you pay rent every week, you must give the landlord written notice at least seven days before you move.

It is only the landlord whose obligation of notice changes based on the length of the tenancy. Under CA law, a landlord must give at least 60 days written notice of termination of a month to month tenancy to any tenant who has resided on the property for more than a year.

Here is a link to a summary of CA law (A state of CA website) as it pertains to landlord and tenant obligations as regards ***** ***** termination:

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,


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