Month-to-month leases usually require at least thirty days to break. In California, if the tenant has lived there more than a year, a landlord must provide a sixty day notice. As with most rules, there are exceptions that allow for a little leeway for either party involved.
If both landlord and tenant agree, a notice may be given less than thirty days in advance, but it must be mutually agreed upon by both. If both agree on this, it should be put down in writing to protect all involved, even if the lease itself is not in writing.
A breach in the lease may cause a landlord to serve a three day notice. If actions can be taken to fix whatever problem caused the notice to be served, then the lease may remain intact, but if not, the lease may be terminated. If No action is taken to rectify the wrong and the tenant does not vacate the property after the time given, the landlord will need to begin the eviction process. On the other hand, if the property becomes uninhabitable due to a lack of action on the landlord's part, the tenant may vacate immediately.

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POSTED January 23 2014 11:08 AM

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