Landlord's notice to end a periodic tenancy
A 30 day notice may be used to terminate a month to month tenancy. It cannot be used to terminate a fixed term lease agreement during the term of the lease. A 30 Day Notice to Terminate Tenancy may also be served in situations where the owner of a property is selling a single family home or condominium that is in an open escrow but there are very narrow restrictions that must be complied with by the owner
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All of the following must be true
- The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
- The landlord must have given you the 30-day notice within 120 days after opening the escrow, and
- The landlord must not previously have given you a 30-day or 60-day notice, and
- The rental unit must be one that can be sold separately from any other dwelling unit.
The critical point to remember is that the Landlord must not accept any rent payments to cover any period of time after the expiration of the notice date. If the tenant tenders a rent payment to cover a period of time after the expiration of the 30 days, it must be returned immediately to the tenant to avoid a waiver of the 30 day notice.
Calculating Notice Period
In calculating a 3, 30, 60 or 90-day notice period, do not count the day you receive the notice. For example, if you receive the notice on a Monday, day one is on Tuesday. Also, if the last day falls on a Saturday, Sunday, or holiday, you have until the next business day to take care of the problem or move out.
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