Am I required to give a 60 day notice to my landlord to vacate the property?
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Am I required to give a 60 day notice to my landlord to vacate the property?
My wife and I are renting a single family home and our lease has expired and has now gone month-to-month. When we signed the lease our landlord slipped into the terms that we would give him a 60 day notice if we decide to vacate the property instead of the standard 30 days. Are we obligated to provide a 60 day notice of vacation if only 30 days is required by law? Put another way, is his 60 day notice requirement enforceable?
Asked on December 14, 2011 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, a 60-day notice requirement is legally enforceable as a general matter. Whether it is enforceable in this specific case will depend on the language of the lease, and whether according to that language, the requirement for 60 days notice survives (or continues past) the expiration of the lease itself. It would be legal for the requirement to continue; or it would be legal for it to have ended with the lease. It depends entirely on what the lease said in regards to notice.
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