How much notice does a landlord have to give you in California?

Question

Hey all, I just received noticed from the Property Mgmt company that my roommate and I have 30 days to vacate the house or that our rent will increase another $200/month. Two years ago we signed on for a year lease, and after one year the rental company increased our rent $25/month. We did not renew the lease at this time because the rental company never mentioned anything about a renewal, so I guess we are month-to-month. But, I was under the impression the landlord had to give us 60 days notice, wherease, we had to give the rental company 30 days notice. I don't know where I got this idea, but I just figured that was the case. So, we are good renters and they are not evicting us for anything we've done wrong, just purely business. But, as far as you know, am I right to assume I should have 60 days? I appreciate your help on this and links if you have any.

Answer 1

30 days is the required notice for both renters and owners/property managers. In the past, landlords were required to give 60 days advanced notice to any residents who have live on the property at least 1 year. However, new legislation went into effect January 1, 2006 that only requires 30 days notice for all residents.

Check out this link from NOLO...

http://www.nolo.com/support/detail.cfm/ObjectID/4800B7DB-3483-4B6D-B057E116BB87916A

Answer 2

You have 30 days. With no lease you are month to month and there you have it. There is a county and city service called Rental Assistance. (i think) That will help you to keep informed about these things and can point you in the way of free legal advice. If I have that name wrong.... Stop by a local Realtors office. (preferably one that handles rentals and ask them for assistance. If they won't help you on the spot they will point you in the right direction.) Remember, Real estate deals are not cast in stone. Approach the owner if possible and remind him that you are a good tenant and have given him no trouble. (management company's won't listen generally) Ask you landlord to lower the increase due to your limited funds, new baby, broken car, cut back at work, you get the drift. If he won't do it don't get pissed off. Be nice and kind of sad and ask for a reference and a month extension so you can find a new place. Usually, if you have been a good tenant, you will get a reduction. If not you have a little extra time and a good reference for your next place.
Good luck

Answer 3

My mother owns several rental properties in South Carolina, which may have different laws, but 30 days is all the notice she has to give. Unless it is an eviction for destroying property are a nuisance problem then they can have as little as 72 hours. You can file through the clerk of the court for a hearing to get an extension for up to 30 more days. Good luck sounds like the greed has gotten to your landlord.

Answer 4

In California, all the landlord is required to do is give you 30 day's notice. That's all. Happy apartment hunting!

Although I suspect the managment company knows the laws on rent control or rent increases you might want to make sure that this rent increase is within legal limits. Check the internet (or "Tenant's Rights" from Nolo Press; www.nolo.com )....

Answer 5

Bamma says as of Jan 1st 2006 the landlord only has to give 30 days. It was 60 before that. Bamma says he got a 30 day notice on Jan 3rd. I hate landlord. Bamma otta know.

Answer 6

None of these answers is complete. If the rent increase is more than 10% then the landlord must guve 60 days notice. This is taken from the California Department of Consumer Affairs Guide.
Rent Increases: Basic Information for Tenants: Legal Guide LT-2

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RENT INCREASES :
BASIC INFORMATION FOR TENANTS
May 2012
Whether your landlord can raise your rent depends on whether you have a lease or a rental agreement, and what it says.

Some tenants have leases. If you have a lease, your rent cannot be increased during the term of the lease, unless the lease allows rent increases.1

Many tenants have periodic rental agreements – for example, a week-to-week or a month-to-month rental agreement. If you have a periodic rental agreement, your landlord can increase your rent, unless the agreement does not allow rent increases. The landlord must give you proper advance written notice of the rent increase. The written notice tells you how much the increased rent is and when the increase takes effect.

How much advance notice must the landlord give the tenant?

If you have a month-to-month (or shorter) periodic rental agreement, the landlord must give you at least 30 days advance written notice of a rent increase.

The landlord must give you at least 30 days advance notice if the rent increase is 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect.
The landlord must give you at least 60 days advance notice if the rent increase is greater than 10 percent of the rent charged at any time during the 12 months before the rent increase takes effect. 2
The amount of notice required depends on the percentage of the rent increase. In order to calculate the percentage of the rent increase, you need to know the lowest rent that your landlord charged you during the preceding 12 months, and the total of the new increase and all other increases during that period.

Answer 7

Thirty days is sufficient. On a month-to-month tenancy, one month is sufficient for a change of terms by either party. On a lease for a fixed period, neither party can change the terms of the lease during its period without agreement of the other party.

Answer 8

30 days... if you stay longer it looks like you'll have to pay the higher price.