Pacific Grove, CA asked in Landlord - Tenant for California

Q: After 10 years renting, how much notice is required to move out? And is text considered notification?

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2 Lawyer Answers

A: In my opinion, Mr. Arrasmith's answer is not accurate. A tenant (renter) after 10 years is not required to give 60 day's notice of intent to vacate, however a Landlord is required to give 60 day's notice for any tenant who has occupied for more than one year. A tenant need give only 30 day's notice; Civil Code 1946.1, or for "the term of the periodic tenancy" (i.e. tenancy by the week, tenancy in 2 month intervals, etc.)

Using electronic devices to send messages that are required in writing is a poor (but frequently used) method of communication. How do you produce a copy if you have to provide it to court? Say, "Here, Judge, look at my phone."? There are specific requirements for a Landlord's notice, but for a tenant you need to indicate the date of the notice, the date you intend to leave, the address of the property, a forwarding address, and which tenants are leaving. It needs to be dated and signed, and if you have a proof of mailing such as a return receipt, so much the better.

If you have to go to court about any of this, print it all out on paper and take 3 copies to court with you. It will make your life (and the Court's process) easier.

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James L. Arrasmith
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Answered

A: Under California law, if you have been renting for 10 years, you are required to give your landlord at least 60 days' notice to move out. This applies to month-to-month rental agreements. The notice should be given in writing to ensure it is legally valid and to avoid any disputes.

Although sending a text message might seem convenient, it's not typically considered a proper form of notification under California law. It's best to provide written notice through a more formal method, such as a letter delivered in person or sent via certified mail. This way, you have proof that the notice was given.

Make sure to include all necessary details in your written notice, such as the date you plan to move out and your forwarding address. Keeping a copy of the notice for your records is also a good practice. This will help ensure a smooth transition and protect your rights as a tenant.

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