I live in California and have been at my residence for 8 years originally on a yearly lease that rolled over to a month to month. In mid April my landlord served me with a 43 day notice of termination. We told him that was not a valid notice and today (May 15th) received an amendment saying the 43 day notice is now a 60 day notice and starts the day of service. So I guess they are saying we need to be out by the 19th of June? Here are my questions:
Since the first notice was invalid them adding anything to it wont make it valid, correct?
Since we pay month to month can they even serve us a notice in the middle of the month thats effective in the middle of the month?
If this is invalid, do they need to serve us a correct 60 day notice of termination by the 1st of next month (or any month if they miss the 1st of June)?
Thank you
Answer
They have to give you sixty days notice. A defective notice cannot be amended retroactively. The sixty days can, however, start any time in the month.
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