Q: Month to month unwritten lease, landlord changing verbal 60 day notice to vacate to written 30 day.
I have been renting on a month to month unwritten lease since January. My landlord, on June 29th gave me a verbal 60 day notice to vacate by August 28th. Then on July 8th, gave me a written notice to vacate by July 31st. Is it legal to change the vacate parameters? I have 2 other witnesses who can vouch that verbal 60 days notice was given on June 29th.
A: Month-to-month tenancies require 30 day notice to vacate, so the July 8 notice to vacate by July 31 is not 30 days notice and is invalid. A landlord and tenant can agree to a longer notice, but it is unclear that you have such an agreement in place. You describe the landlord as merely giving you a 60 day notice to vacate, not that you had a binding agreement that each of you is required to give 60 days advance notice before terminating the tenancy. Therefore, the landlord can give you a 30 day notice to vacate. However, based on your facts, he has given a 60 day notice, and has failed to give you an enforceable 30 day notice since the second notice he gave was only 23 days. He could give you a new 30 days notice, however.
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