0

Can a California landlord require 60 days notice on a month-to-month rental agreement?

1

Can a California landlord require 60 days notice on a month-to-month rental agreement?

No. California legislation does not appear to recognize clauses which require a tenant's notice to exceed 30 days. See Section 1946 of the California Civil Code:

[A]s to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice [...]. It shall be competent for the parties to provide by an agreement at the time the 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.

Thus, there being a provision that allows agreements to reduce the notice period down to seven days, but no provision allowing agreements to stretch the notice period, the legislative intent seemingly is to prevent a landlord from requiring a 60-day termination notice.

1
  • 1
    OP, this is the correct answer, pay no mind to the misinformed post, which I refuse to call an answer, from @Dale M.
    – A.fm.
    Nov 19 '18 at 8:19
-2

People can put whatever terms they like in a rental agreement. However, a requirement to give 60 days notice ipso facto means the lease is not “month-to-month”.

2
  • 2
    I suspect the real question is whether such terms would be enforceable under California law. Nov 17 '18 at 3:22
  • As usual, Dale's answer is completely false.
    – A.fm.
    Nov 19 '18 at 8:16

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.