Dear Anonymous,

The normal requirement to terminate a tenancy is that a 30 day written Notice of Termination of Tenancy is given. Unless you have violated some other provision in the lease, and the notice to vacate is based upon that, the notice may be defective. Unfortunately, nobody can give you a valid opinion without first reviewing the actual notice you received, and then discussing more facts with you. There may be other reasons the landlord used a Notice to Vacate rather than a Notice to Terminate Tenancy. I cannot say definitively that the landlord's notice was defective, but based on the limited facts in your post, it would appear that it might be. I suggest you contact an attorney in your area who represents tenants. The fact that the landlord may have given improper notice will probably not stop them from filing and serving an Unlawful Detainer lawsuit, so be prepared and ready to defend it when it comes.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California
david.gibbs@gibbslaw.com

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