Fremont, CA asked in Contracts and Landlord - Tenant for California

Q: Law in regards to the move out date/sixty day notice.

If there is a written agreement between landlord and tenant to vacate the rental property on the day agreed upon (in this case the date was agreed to be 75 days after signature), is it still required by law to provide them with a 60 day notice to vacate?

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1 Lawyer Answer
David Keith Hicks
David Keith Hicks
  • Dunsmuir, CA
  • Licensed in California

A: No. it becomes a breach of contract. But if you raise the 60 day issue and don't move out and they can prove you had considered that issue before you signed you could be found guilty of fraud and assessed damages plus punitive damages. And yes, the landlord to be prudent should have served the 60 day notice since he's dealing with someone who is not reliable and may need to have done it for the Court proceeding. A 30 day notice is all that is required because the contract surrendered possession on the 75th day. 60 days is for residential property rented for more than a year. But not after signing the agreement to vacate.

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