Under a month-to-month commercial lease, can a landlord request more than 30 days notice from a tenant to cancel and vacate?

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Under a month-to-month commercial lease, can a landlord request more than 30 days notice from a tenant to cancel and vacate?

Asked on August 4, 2010 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A month-to-month lease by definition requires only 30 days notice for terminating the lease--by either party. The notice period can't be longer than the lease term. However, that said, if someone provides exactly 30 days notice, there will often be a dispute over whether that did in fact meet the test--e.g. is that 30 days including the day the lease should terminate, or 30 days plus that day? To avoid potential disputes, its best to give at least another day or two notice (but be ready to move out, if possible, at exactly 30 days), and to give the notice so you provide adequate notice leading up to the lease's anniversary (i.e. if a lease commenced on the 5th, at least 30 days leading up to the 5th, not up to the 1st of the month). However, as a purely legal matter, only 30 days notice is required for a month to month lease.


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