rental agreement regarding notice to vacate

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rental agreement regarding notice to vacate

rental agreement requires landlord to give 60 day notice of request to vacate, and tenant to give 30 day notice of intention to vacate. If landlord has given me 60 notice, am I then, still required to give a 30 day notice? I’m already in a time crunch to find a place in 60 days, and I have found one. Can I not just then tell landlord the date I intend to vacate, and not be required to still pay for 30 days after notification. New landlord wants me in as soon as possible.

Asked on June 25, 2009 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am not admitted in California but I am assuming - without the benefit of reading the entire lease - that the "notice" requirement here is an "either/or" situation.  In other words, you would not have to give the 30 day notice if you were already given the 60 notice by your landlord.  I would, however, acknowledge in writing that you received his/her Notice of request to vacate and that you intend to vacate and when.  UNLESS THE LEASE STATES OTHERWISE, THE NOTICE DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO PAY THE RENT TO THE END OF THE LEASE.  Also, be smart when you go: do a walk through with the landlord as to the condition of the apartment before you go and see if there is anything that the landlord is questioning (anything broken, etc).  If there is nothing then write something down that you did the walk through and that the apartement was left in satisfactory condition and both of you sign it.  If there is something that the landlord is disputing then you can address it right then and still write it down as "except" with the words "in dispute" .  If the landlord won't sign anything take pictures.  Your security deposit, if any, may ride on it.   


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