Rancho Santa Margarita, CA asked in Landlord - Tenant and Real Estate Law for California

Q: Is a tenant required to give 30 day notice, after landlord served tenant w 60 days to vacate?

Tenant was able to obtain new residence and gave landlord verbal notice within 2 weeks that he would comply w landlord notice to vacate by end of month. Landlord is now demanding a 30 day notice from tenant or will keep his security deposit. Please advise.

1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Verbal notice is not legal notice, unless the landlord has waived written notice. If a tenant wants to leave before the 60 days expires, they need to give valid notice. How much, if any, of the security deposit can be kept depends on how many days left, landlord efforts to re-rent or otherwise mitigate damages, and other factors.

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