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[CA] Does a 60-day notice requirement still apply after a lease rolls over to month-to-month?

I’m a tenant and my lease agreement expired and became month-to-month. How much notice must I give? The lease says 60 days.

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Jessica B
Jessica B

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If the lease requires 60 days’ notice, then yes, you generally must give that notice before leaving (Cal. Civil Code § 1946). If the lease states the same terms apply after rollover, the 60-day notice requirement typically still applies unless overridden by law or the lease says otherwise.

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California Lease Termination Letter (For Month to Month Tenancy)

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I’m a tenant and my lease agreement expired and became month-to-month. How much notice must I give? The lease says 60 days.

Lexi

Lexi, Chatbot

I understand navigating lease agreements can be confusing. How long have you been on the month-to-month agreement?

1 month.

Lexi

Lexi, Chatbot

Have you communicated your intention to end the lease to your landlord yet?

Yes.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

I don’t know.

Jessica B

Jessica B

Thank you for reaching out! I’m a licensed attorney assisting you. Have you communicated your intention to end the lease to your landlord yet?

Yes.

Jessica B

Jessica B

Which state are you located in?

California.

Jessica B

Jessica B

Are there any specific terms in your lease regarding notice periods for ending a month-to-month tenancy?

It says the lease converts to month-to-month under the same terms unless the tenant gives written notice at least 30 days prior to termination.

Jessica B

Jessica B

In California, month-to-month tenants typically must give at least 30 days’ written notice. Your lease supports that, since it carries forward the same terms unless changed by law.

But early termination in the original agreement refers to 60 days.

Jessica B

Jessica B

If your lease specifies 60 days for early termination, you should follow that requirement. You should give written notice, confirm receipt, and prepare for move-out while documenting everything.

So I can’t leave for 60 days?

Jessica B

Jessica B

If the lease requires 60 days’ notice, then yes, you generally must give that notice before leaving (Cal. Civil Code § 1946). If the lease states the same terms apply after rollover, the 60-day notice requirement typically still applies unless overridden by law or the lease says otherwise.

Jessica B

Jessica B

29,480 satisfied customers

Jessica B
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