What to do if proper notice to vacate is not given?

UPDATED: Aug 9, 2012

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What to do if proper notice to vacate is not given?

My tenant’s 12 month lease ends in 21 days. As I didn’t receive notice otherwise on the first of the month, I assumed that we would roll over to month-to-month. On the 7th I received a text message notifying me that 30 days notice was being given and they would e-mail the details. Then 2 days later, on the 9th, I received the e-mail giving notice to the end of the month, just 22 days. Can I legally charge them for 8 days next month, which would give us a full 30 days notice?

Asked on August 9, 2012 under Real Estate Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are correct about charging for the remaining eight days which would comprise the remainder of the thirty day notice period.  The tenant who does not give proper notice to vacate remains liable for the rent.  You are also correct that if the tenant had not given notice to vacate at the end of the lease, it would have rolled over into a month-to-month tenancy. 

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