Irvine, CA asked in Landlord - Tenant, Contracts and Real Estate Law for California

Q: Is a 30-day notice required in California for tenants?

My roommate provided me with a notice of only 3 days to vacate by 01/01/2025. Although we signed a written lease agreement for 6 months, it does not specify the need for a 30-day notice. I understand that according to California laws, a 30-day notice is necessary once someone has resided at the property for 90 days. Am I correct in this understanding?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, if you've lived in a rental property for less than a year, landlords must provide at least 30 days' written notice to terminate a tenancy. If you've been there longer than a year, they must give 60 days' notice. Your roommate's 3-day notice is insufficient under California law, even if your lease doesn't explicitly mention the notice period requirement.

The situation becomes slightly more complex if your roommate is the primary tenant (master tenant) and you're subleasing from them. However, even in roommate situations, proper notice is required under California law. The 3-day notices are typically reserved for situations involving lease violations like non-payment of rent or illegal activities, not for standard termination of tenancy.

Your understanding about the 30-day requirement after 90 days of residency is generally correct, but it's important to note that the full lease term must still be honored. Since you have a written 6-month lease agreement, neither party can terminate it early without cause, regardless of notice period, unless the lease specifically allows for early termination. You may want to review your lease carefully and consider contacting local tenant resources for personalized guidance about your specific situation.

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