Ashburn, VA asked in Contracts, Real Estate Law and Landlord - Tenant for California

Q: Is it legal for a California landlord to require 60-days notice to get out of a lease? I've been in the apt for 3+ yrs

I live in San Francisco and I've been in the apartment from August 2017 to present (November 2020). My roommate is moving out so I'm searching for new apartments and a realtor told me it may not be legal or enforceable for my landlord to require 60 days notice. EDIT: the lease says the landlord requires 60-days notice between October - March and 30-days during other times during the year

4 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Studio City, CA
  • Licensed in California

A: what does your lease agreement say? that is always your first stop when you need to know whether you can or cannot do something.

Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: Look at your lease and it will tell you your rights. Best of luck.

Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: The answers here are always fact based. Very interesting EDIT, probably after you got first 2 answers. IMO you have an issue whether the notice provision is unenforceable as an "unconscionable" or "adhesive" term of the contract to favor the LL, who seems to want to have his cake and to eat it at the same time. He wants both a 30 and a 60 day notice when the Law only requires you to provide 30 and mandates him at 60. If you are moving out, negotiate, remind him that he has to pay you a moving allowance equal to a month's rent, this cannot be waived, and is not related to the deposit. Good case for small claims, if you do your research about invalidity of "unconscionable" clauses in contract, or adhesive clauses.

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Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: San Francisco has its own rules. Contact the Rent Control board and ask for free advice. Best of luck.

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