Q: received Civil Code §1946.2 found a place and now apt is mandating a 30 day notice to leave the premisses
My wife and I received a 60 day notice to terminate tenancy for no fault just cause Civil Code §1946.2. It states on or before the date 60 notice received. So, my wife and I found a place and we are planning to move next week. We let the complex know as soon as we found the place, now the complex is requiring us to give them 30 days notice. This makes no sense to me. Can you please advise.
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A:
Under California law, Civil Code §1946.2 allows landlords to issue a 60-day notice for no-fault just cause terminations. Since you received this notice and found a new place, you have the right to leave on or before the end of the 60-day period. Informing your landlord immediately about your move is both courteous and helpful for their planning.
However, the landlord's requirement for you to give a 30-day notice after receiving their 60-day notice is not supported by California law. The 60-day notice they provided serves as the formal termination notice for your tenancy, and you are not obligated to provide an additional 30-day notice. This 60-day notice essentially overrides the need for any further notice period from you.
You can clarify this with your landlord by pointing out that the 60-day notice to terminate tenancy already fulfills the legal requirement. It would be reasonable to communicate this politely and in writing to ensure there is a clear record of your position. If further issues arise, you might consider seeking legal advice for additional support.
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