Tenant Advice needed: Required 60-day notice to move out? (California) (Carlsbad: 2014, leasing)

[zumajoe]

Hi there,

It is currently October 8th, 2014 and my wife and I have been leasing a mobile-home property in Carlsbad since May 2013.

The initial lease was for 1 year, expiring in May 2014 - with a month-to-month lease enabled after this 1-year lease expired.

We've just received a random notice in the mail (not in person, no phone-call) to evacuate the premises on the basis that she wants to renovate the property, although we've been great tenants (stated in the letter).

We feel that 30 days is quite fast and would be forced to move into a place less than desirable considering the timeline.

From what i've read online, (in accordance with California Civil Code section 1946.1) it seems that California law requires 60 days notice if the tenants have lived in the rental for more than 1 year. The house is not in Escrow.

Could someone please help confirm this? What would be the appropriate response, as we don't want to ruin our chances of a good referral. We don't want problems, just want what is fair and legal.

Thanks so much.

[cruitr]

Have you tried just asking your landlord (by phone or face-to-face) for 60 days to move out? Maybe they just used a standard 30-day form letter they found in a "How to be a Landlord" paperback.

[moved]

Have you tried posting this in the Renter's Forum?

[Jenkay]

Originally Posted by zumajoe

Hi there,

It is currently October 8th, 2014 and my wife and I have been leasing a mobile-home property in Carlsbad since May 2013.

The initial lease was for 1 year, expiring in May 2014 - with a month-to-month lease enabled after this 1-year lease expired.

We've just received a random notice in the mail (not in person, no phone-call) to evacuate the premises on the basis that she wants to renovate the property, although we've been great tenants (stated in the letter).

We feel that 30 days is quite fast and would be forced to move into a place less than desirable considering the timeline.

From what i've read online, (in accordance with California Civil Code section 1946.1) it seems that California law requires 60 days notice if the tenants have lived in the rental for more than 1 year. The house is not in Escrow.

Could someone please help confirm this? What would be the appropriate response, as we don't want to ruin our chances of a good referral. We don't want problems, just want what is fair and legal.

Thanks so much.

The renter's forum has a sticky at the top with references to each state's law. I've only ever had 30-day notices and assumed this was standard, but I know some states are 30 and some are 60 so I'd check it out. You might want to just talk to her and see if she'll give you a little more time. Having been great tenants has no bearing on anything, people's situations just change sometimes, but if you've been great tenants and you need a little more time to move than the law dictates maybe she'll give it to you

Also, a letter is standard procedure, so don't be offended that she notified you that way. It's pretty much always advisable to do this stuff by mail so there's a paper trail. Nothing personal.

[JohnAlt]

The OP doesn't need to ask for 60 days. That's the minimum notice required from the landlord after a tenant has been there a year or more.

[Jenkay]

Originally Posted by JohnAlt

The OP doesn't need to ask for 60 days. That's the minimum notice required from the landlord after a tenant has been there a year or more.

That was a suggestion after I stated that I wasn't sure if it was 30 or 60 days. And sometimes even if you know you're right things can go really pleasantly by just asking before telling someone they're wrong. If the landlord says no, the law's there to back the OP up. If they say yes, everyone's happy and leaves the situation with a smile