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    Alex Albert's Avatar
    Alex Albert Posts: 2, Reputation: 1
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    #1

    May 7, 2008, 05:58 PM
    60 day notice to terminate tenancy timeframe
    Is a 60 day (vs 30 day) notice to terminate tenancy required after 11 months are completed, or after 12 months are completed? This is on a month to month written agreement. This confusion arises because if a 30 day notice is given at 11 months 5 days, then the tenant will have lived there over a year.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 7, 2008, 06:45 PM
    What notice does the rental agreement specifiy? What ever the written agreement states is what is required, and is notice required due date to due date or is partial month notice allowed
    Alex Albert's Avatar
    Alex Albert Posts: 2, Reputation: 1
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    #3

    May 7, 2008, 08:30 PM
    My agreement specifies 30 days, but I thought California law supercedes agreements. I think I found the answer in California Civil Code Section 1946(c):

    "Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year."

    "Has resided" is pretty clear. For my rental in Colorado, the statute is ambiguous, but my Agreement is for a 30 day notice.
    ConcernedProp's Avatar
    ConcernedProp Posts: 1, Reputation: 1
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    #4

    Sep 2, 2009, 03:10 PM
    What is the law on Termination of Tenancy regarding less than one year residency and over one year residency?
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