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    ranjan2's Avatar
    ranjan2 Posts: 4, Reputation: 1
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    #1

    Apr 28, 2008, 11:23 AM
    Received a 60 day notice to vacate - do I need to give a 30 day notice?
    Hello!
    The rental property is in cupertino, California.

    I received a 60 day notice to vacate as the new owner wants to remodel the property. As I have a house that I had bought and was also renting this unit I would like to vacate within 15 days and move all my stuff?

    Question - Am I required to give a 30 day notice to vacate from my month to month lease? Am I responsible for paying a min. of 30 days even if I want to vacate within 15 days of receiving the 60 day notice to vacate from the new landlord??

    Regards,
    Ranjan
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 28, 2008, 11:29 AM
    My understanding in CA, it is a 30 day notice if there is not something else listed in the lease and / or rental agreement.

    But you may just call the landlord since he wants you out anyway, he may be willing to allow you out in 15 days
    ranjan2's Avatar
    ranjan2 Posts: 4, Reputation: 1
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    #3

    Apr 28, 2008, 11:44 AM
    Thanks for your prompt reply. The new owner wants a 30 day notice as there are 3 other rental units and none have vacated still. The 60 day notice says on or before the 60 day period expires. I would like to know what the law is in CA.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 28, 2008, 11:50 AM
    HMMMM, if he worded the notice as to say on or before, you may have them on that loop hole. The issue will be this, you move before using his notice, he does not agree, he sues you for rent, you counter sue for deposit back. It will end up in court if he doesnot agree no matter what happens.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 28, 2008, 11:58 AM
    You need to look carefully at the wording on the notice. You might have him as Chuck indicated. Or you could just move when you want and pay the full 30 days.
    ranjan2's Avatar
    ranjan2 Posts: 4, Reputation: 1
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    #6

    Apr 28, 2008, 01:07 PM
    The 60 day termination of tenancy notice also states that "it does not relieve you of payment of any financial obligation for rent owed until the actual date of termination of tenancy. "

    As I mentioned earlier it states that "you must peaceably vacate the premises and remove all personal property on or before the 60 day period ends"

    The question here is do I have to give a 30 day notice to end the tenancy? Does it mean that a person can give a 30 day notice a day before the 60 day period and stay for another 30 days??
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Apr 28, 2008, 05:34 PM
    I think you are free to go. Both clauses would seem to free you to move before the 60 day time frame and to only pay until the termination date.
    ranjan2's Avatar
    ranjan2 Posts: 4, Reputation: 1
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    #8

    Apr 29, 2008, 11:29 AM
    Thanks Scott! My only concern is the date of termination. The notice says that the termination date is 60 days from the date of notice. I cannot terminate the rental agreement before 30 days on my own to make the termination date shorter.

    They do free me from the 60 day time frame as you said but I think I cannot vacate without paying a min. of 30 day rent.

    Pl. comment .
    Thanks,
    Ranjan
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #9

    Apr 29, 2008, 06:04 PM
    My totally un-legal opinion... if you want to leave at the end of the 60 days, you do not need to give a 30-day notice. If you want to leave before the 60 days, I would give a 30 day notice. And, you are always safe if you give one, even if you don't technically have to.
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