If I’m closing my hair salon after 25 years, is it a law that I have to give the property management 30 day notice?

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If I’m closing my hair salon after 25 years, is it a law that I have to give the property management 30 day notice?

She never drew up a new contract. The last contract we had was for 5 years and that was 20 years ago. It would work better for me to give her a 26 day notice. Is this OK?

Asked on May 30, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Are you a tenant? If so, then yes, you have to provide a month's notice--not 30 days, but a full calendar month. When a lease or contract expires but the tenant remains, she becomes a month-to-month tenant: her tenancy continues for one month at a time. Tenancies always start the first day of the month when there is no written contract to the contrary. A month-to-month tenancy may only be terminated on a full month's notice, given before the 1st of the next month (since new tenancy began on the 1st, the tenant is obligated for that full month starting on the 1st). Today is the 31st; you could give property management a month's notice today, to end your tenancy July 1 (i.e. June 30 is the last day). If you wait to give notice until June 1, however, since a new month has already begun and you are already obligated for the rent for the whole month, the notice you'd provide would be for August 1 termination of tenancy: i.e you have to give the next month, July, as the notice period.


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