California 60 Day Notice to Vacate : ezLandlordForms

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James J

started a topic over 7 years ago

I recently told my property manager on June 26th that I would like to give the current tenants a 60 day notice setting them up for a move out date of around August 31st. He agreed that it should work out as described above. Now the property manager is saying the following: "Anytime you give a 60 day notice, the tenant always has a right to move outright anytime within the 60 days. They have the right to move out on day 1 and they would not Legally be responsible for rent past that day 1. Please remember that the tenant did not give notice to leave but you asked to give THEM notice to kick them out early from their lease. The law then gives them authority to move out anytime within that 60 days because of the inconvenience you are causing them. You cannot force them to stay until the last day YOU want them to stay when you are kicking them out early." Is he correct in saying this? I found this text on this site saying that the tenants would have to give 30 days notice if they would like to move out sooner which I never received from the property manager. http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml Here is the text I found: What if the landlord has given you a 60-day notice, but you want to leave sooner? You can give the landlord the same amount of notice as there are days between rent payments (for example, 30 days' notice if you pay rent monthly) provided that - The amount of your notice is at least as long as the number of days between rent payments, and Your proposed termination date is before the landlord's termination date.206 Not sure what to do in this situation but I would appreciate any advice as I don't want the month of August to be unoccupied.

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James J

said over 7 years ago

Forgot to mention that these tenants have been renting for more then 1 year. Thanks

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Stan M

said over 7 years ago

I'm assuming that if you're giving a 60-Day Notice the tenants are on a month-to-month and the rental property is in CA..... When I give a 60-Day Notice I also mention to the tenants that if they move sooner (you can't stop them), they must give me a 30 Day Notice..... If they don't how would you know when they are moving and when to do an inspection..... CA law states they are entitled to having a pre-inspection no sooner than 2 weeks before their move-out date unless they agree not to have one.....Keep us posted.

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James J

said over 7 years ago

Thanks for the feedback Stan. Yes I am assuming they are on a month to month lease since it's been over a year, the property manager took care of that. Also yes it is a rental property in CA. So they must give 30 days notice if they want to move out before the 60 days? I am not sure they gave notice to the property manager. In that case would they responsible for August since they did not give the 30 day notice? Thanks, James

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Stan M

said over 7 years ago

Ask the manager for a copy of their notice. Email manager so you have a record of the response to support your position. ....Yes, they would be responsible until the time they gave Notice or 60 days are up or until you rent it within those 60 days.

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Jahfwkwi J

said over 5 years ago

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Jahfwkwi J

said over 5 years ago

20

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Willie W

said about 3 years ago

Regarding tenants renting under Section-8 through California Housing Authority. Is it legal to give a 60 Day Notice to Vacate? Housing as failed to respond to my calls or email to confirm the right procedure. I don't see a 90 Day form. Since this tenant has moved in there has been minor issues. However, the last one was pretty major with the police involved. Prior to renting to this tenant no issues from previous tenants.