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Old 02-19-2016, 08:32 PM
 
1 posts, read 676 times
Reputation: 10

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I have a subtennant who signed a subtenant contract with me before moving in that states that two weeks notice is all that is required if i need her to vacate the premise. Now that i have asked her to leave she says that california requires 30 days and its illegal for me to have her move out in two weeks. It doesn't make that big a difference to me to be honest but I'm curious if this is true seeing as she signed a contract agreeing to the two weeks notice. does the master lease and renters right laws still prevail or is it nulled by her agreement in our contract were she signed and initialed acknowledgment of a two weeks notice to vacate?

thanks guys
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Old 02-19-2016, 08:33 PM
 
Location: Baja Virginia
2,798 posts, read 2,980,772 times
Reputation: 3985
Quote:
Originally Posted by slight234 View Post
I have a subtennant who signed a subtenant contract with me before moving in that states that two weeks notice is all that is required if i need her to vacate the premise. Now that i have asked her to leave she says that california requires 30 days and its illegal for me to have her move out in two weeks. It doesn't make that big a difference to me to be honest but I'm curious if this is true seeing as she signed a contract agreeing to the two weeks notice. does the master lease and renters right laws still prevail or is it nulled by her agreement in our contract were she signed and initialed acknowledgment of a two weeks notice to vacate?

thanks guys
State laws prevail over the contract.
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Old 02-19-2016, 08:58 PM
 
Location: downtown
1,824 posts, read 1,661,389 times
Reputation: 408
Not sure.. might depend on city..
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Old 02-20-2016, 12:06 PM
 
Location: Los Angeles
8,487 posts, read 10,904,574 times
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All rentals, unless on a yearly lease, are considered a month to month rental,and thirty days notice is required, regardless of what you put in a contract.
Bob.
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Old 02-20-2016, 12:21 PM
 
17,815 posts, read 25,566,899 times
Reputation: 36267
Quote:
Originally Posted by slight234 View Post
I have a subtennant who signed a subtenant contract with me before moving in that states that two weeks notice is all that is required if i need her to vacate the premise. Now that i have asked her to leave she says that california requires 30 days and its illegal for me to have her move out in two weeks. It doesn't make that big a difference to me to be honest but I'm curious if this is true seeing as she signed a contract agreeing to the two weeks notice. does the master lease and renters right laws still prevail or is it nulled by her agreement in our contract were she signed and initialed acknowledgment of a two weeks notice to vacate?

thanks guys
Why couldn't you be decent and give her 30 days notice regardless? Two weeks isn't much time at all to find a new place. You had to have known you were thinking about this, you couldn't give her a month's notice?
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Old 02-20-2016, 12:22 PM
 
Location: LA, CA/ In This Time and Place
5,443 posts, read 4,662,057 times
Reputation: 5117
I'm guessing here in LA and California as a whole, it's a month.

Give her a month instead of two weeks.
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Old 02-20-2016, 07:50 PM
 
Location: Pasadena, CA
362 posts, read 542,063 times
Reputation: 417
For some reason, I thought it was 60 days. My mother has rental property and unless she's evicting a tenant for non-payment of rent, her attorney as advised her to give 60 days notice.
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Old 02-20-2016, 08:05 PM
 
823 posts, read 1,051,373 times
Reputation: 2027
CA Civil Code requires 60 days notice on a month to month lease if the tenant has been there for more than a year, 30 days if they've been there for less than a year.

She, however, would only have had to give you 30 days notice, if she had been the one who decided to move.
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