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In general you have to look at when do you have to pay rent. If you pay rent on the 1st of the month than you have to give notice before the first and th 60 days start counting on the first.
Technically 60 days can be longer than 60 days if you live in a state that handles it like that as Florida does.
Most tenants have no clue that this is how the law calculate it.
If you ever watch some of the tv judges than you probably have heard the explanation.
The lawyer guy said that 30 days is indeed the law unless tenants are paying every 60 days. He also said that there is also no law that says that you can't ask for 60 days notice. But in the end he doesn't think that 60 days would hold up in court. You can ask for it. Probably not enforceable if tenants want to demand their money back if you keep their deposit because they left after only 30 days notice. Tenants also can't get punitive damages or anything like that. They simply aren't on the hook for the extra 30 days.
One work-around is to simply jack up the rent to compensate, but offer a rebate if they give you 60 days notice instead of 30 days notice. Lawyer said this is legal.
Someone asked to see the wording of my apartment lease. Here is what I think is the relevant language...
That lease provision will probably stand up under Judicial scrutiny. It appears to have all the legal requirements to make it binding and enforceable. However, Judges do have a a certain latitude in cases like this based on fairness. Your attorney probably knows best how Judges handle these cases in their courtrooms.
Well my apartment landlord requires me to give 60 days notice before I intend to move out so it must be legal to require 60.
And does "calendar days" mean that you literally count the days. For example for December I'd count...
Dec 25th (1 day)
Dec 26th (2 days)
Dec 27th (3 days)
Dec 28th (4 days)
Dec 29th (5 days)
Dec 30th (6 days)
Dec 31st (7 days)
Jan 1st (8 days)
etc
Well, I guess it's a good thing the landlord didn't put in the lease that you have to give him your first born son if you vacate then, since whatever he writes in a lease must be legal.
In other words, just because someone puts something in a contract, doesn't mean it's legal. If it's against the statutes, then that part of the contract isn't enforceable.
And yes, you literally count the days, as in your example above.
You might want to read the laws on the CA Dept of Consumer Affairs website, especially all the info regarding your security deposit:
You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)
Last edited by NoMoreSnowForMe; 10-27-2016 at 09:30 PM..
Here's the specific code that says they can't require more than 30 days notice from you:
California Civil Code 1946:
1946. A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section
1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his or her
intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not
exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate
the same by giving at least 30-days written notice thereof at any time and the rent shall be due and payable to and
including the date of termination. It shall be competent for the parties to provide by an agreement at the time such
tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven
days before the expiration of the term thereof. The notice herein required shall be given in the manner prescribed in
Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the
other party. In addition, the lessee may give such notice by sending a copy by certified or registered mail addressed
to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of such notice or by
delivering a copy to the agent personally. The notice given by the lessor shall also contain, in substantially the same
form, the following:
“State law permits former tenants to reclaim abandoned personal property left at the former address of the
tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional
costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these
costs will be lower the sooner you contact your former landlord after being notified that property belonging to you
was left behind after you moved out.”
What does it matter? It is thinking like this that gets people in trouble. You miscalculate and then owe something and complain till you are blue in the face while still paying some penalty (if one exists).
If you want to know for sure, ASK the LANDLORD. Or, give notice in 62 days and then you won't have to guess what it "really means." That is unless you are already against the deadline because you slept on it - in that case; again, the best thing to do is send notification NOW.
What does it matter? It is thinking like this that gets people in trouble. You miscalculate and then owe something and complain till you are blue in the face while still paying some penalty (if one exists).
If you want to know for sure, ASK the LANDLORD. Or, give notice in 62 days and then you won't have to guess what it "really means." That is unless you are already against the deadline because you slept on it - in that case; again, the best thing to do is send notification NOW.
Thinking in terms of learning what your rights are under the law rarely gets people in trouble. And calling some bully's bluff is rather empowering.
That lease provision will probably stand up under Judicial scrutiny. It appears to have all the legal requirements to make it binding and enforceable.
Why?
Quote:
just because someone puts something in a contract, doesn't mean it's legal. If it's against the statutes, then that part of the contract isn't enforceable.
Yes. You can't make a tenant agree to give up their rights.
The line about "this notice requirement contractually modifies any statuatory termination notice period" is suspect. That sounds like they are attempting to do just that -- make me give up my rights protected under California law. What surprises me is that this is a corporate owned complex -- Not some ignorant mom and pop operation.
Why?
Yes. You can't make a tenant agree to give up their rights.
The line about "this notice requirement contractually modifies any statuatory termination notice period" is suspect. That sounds like they are attempting to do just that -- make me give up my rights protected under California law. What surprises me is that this is a corporate owned complex -- Not some ignorant mom and pop operation.
LOL, it actually says that? You can't contractually modify a statute. Nice try.
It's amazing how many landlords put stuff in their contracts, hoping a tenant won't fight it due to ignorance. I have a saying, "Let me be your consequence." I'm happy to be the one who finally gives this kind of person a consequence for their bad contract/behavior, etc.
I've helped several tenants in CA present their cases against a landlord who didn't follow the laws. CA laws are very specific. If a landlord doesn't follow them, they lose. Even if the tenant left the place trashed (and the landlord didn't give them the proper notice of their right to a pre-move-out inspection or gave an itemization of deductions within 21 days, for instance) - the landlord loses. A landlord must give a tenant the opportunity to do any work necessary to get their full deposit back. They can't surprise the tenant later with a bill.
Anyway, some states say a landlord can write whatever they want in a lease. But, that's not the case in CA. They can't say, hey, our lease doesn't have to follow state laws.
If you know you are leaving at the end of your lease, just tell them now. Problem solved with no chest pounding in either direction.
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