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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (510) 841-6164
- View Profile
- Answered
A: Look at your lease and it will tell you your rights. Best of luck.
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.
Justia disclaimers below, incorporated herein.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (510) 841-6164
- View Profile
- Answered
A: San Francisco has its own rules. Contact the Rent Control board and ask for free advice. Best of luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
