Is a lease stronger then state civil code?

My landlord’ s lease says that I need to give 60 day notice, however I thought under state civil code, I could provide a 30 day notice to vacate? Which statement is stronger? Can I give a 30 day notice?

Asked on August 1, 2012 under Real Estate Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

The state civil code is like a default, but if the parties agree to different terms that aren't against public policy, the contract terms apply instead of the default terms.  So, in this case it would have been 30 days, but you signed a lease for 60 days--which you probably need to follow.  Most leases are written in the landlord's favor.

Best of luck.

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