Under a month-to-month commercial lease, can a landlord request more than 30 days notice from a tenant to cancel and vacate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Under a month-to-month commercial lease, can a landlord request more than 30 days notice from a tenant to cancel and vacate?
Asked on August 4, 2010 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A month-to-month lease by definition requires only 30 days notice for terminating the lease--by either party. The notice period can't be longer than the lease term. However, that said, if someone provides exactly 30 days notice, there will often be a dispute over whether that did in fact meet the test--e.g. is that 30 days including the day the lease should terminate, or 30 days plus that day? To avoid potential disputes, its best to give at least another day or two notice (but be ready to move out, if possible, at exactly 30 days), and to give the notice so you provide adequate notice leading up to the lease's anniversary (i.e. if a lease commenced on the 5th, at least 30 days leading up to the 5th, not up to the 1st of the month). However, as a purely legal matter, only 30 days notice is required for a month to month lease.
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 AttorneyPages.com 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.