Anaheim, CA asked in Civil Litigation and Civil Rights for California

Q: Below is what is stated in my rental agreement. How many days notice should I give to vacate?

The term of this agreement is for 1 year, beginning on 3/9/16 and ending on 3/9/17, at which time the lease shall terminate without further notice. Any holding thereafter shall result in resident being liable to owner/agent for all rental damages equal to the current market value of the unit decided by 30. Daily rental value is pro-rated using a 30 day month. A month to month tenancy subject to the terms and conditions of this agreement shall be created only if Owner/Agent accepts rent from resident thereafter, and if so accepted, tenancy May be terminated by resident after service upon the owner/agent of a written 30 day notice of termination of tenancy if resident has been in possession of the unit for less than one year, or the month to month tenancy May be terminated thereafter by the owner/Agent after service upon the resident of a written 60 day notice of termination if resident has been in possession of the unit for one year or longer.

1 Lawyer Answer
Donald Arthur Hilland
Donald Arthur Hilland
Answered
  • Civil Rights Lawyer
  • San Fernando, CA
  • Licensed in California

A: So your agreement is the same as California law, 30 days' notice if less than 1 year, 60 days' notice of 1 year or more. Since it is 2018, you have been there for more than 1 year. So that's the answer.

If you're moving in December first, give written notice to him by October 1, tomorrow. You can hand deliver it. If you're mailing it, you need to do it sooner to allow 5 days for mail.

If you're moving January 1, 2019, give notice by November 1, 2018 in writing, personal delivery, or 5 days before that for mailing.

You might want to use CERTIFIED MAIL/ RETURN RECEIPT REQUESTED to prove you sent it. Those green cards - 2 of them. That way you have proof. Even if he does not accept it and sign, it would be returned to you and you could show the envelope that you sent it on time. Okay?

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