Am I required to give a 60 day notice to my landlord to vacate the property?

UPDATED: Dec 14, 2011

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Am I required to give a 60 day notice to my landlord to vacate the property?

My wife and I are renting a single family home and our lease has expired and has now gone month-to-month. When we signed the lease our landlord slipped into the terms that we would give him a 60 day notice if we decide to vacate the property instead of the standard 30 days. Are we obligated to provide a 60 day notice of vacation if only 30 days is required by law? Put another way, is his 60 day notice requirement enforceable?

Asked on December 14, 2011 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, a 60-day notice requirement is legally enforceable as a general matter. Whether it is enforceable in this specific case will depend on the language of the lease, and whether according to that language, the requirement for 60 days notice survives (or continues past) the expiration of the lease itself. It would be legal for the requirement to continue; or it would be legal for it to have ended with the lease. It depends entirely on what  the lease said in regards to notice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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