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CalAttorney2
CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10238
Experience:  I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.
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My landlord wrote me a notice on December 15 to vacate a

Customer Question

My landlord wrote me a notice on December 15 to vacate a rental. This is her email. "Hi Tanya – as per our telephone conversation yesterday we wish to terminate the lease effective January 31st, 2016 – I did ask the future occupants if they could delay arrival until February 10th and they stated that they are scheduled to arrive from Arizona on February 1st and the moving trucks are scheduled to arrive Feb 1st-3rd . I did speak to several of my connections and they are checking around for unlisted rentals, one of them suggested 3253 Glen Abbey Drive in Rancho Solano listed by Allegiant Properties(###) ###-#### ***** also said that the rental market is very busy right now so if you see something you like to jump on it quickly, I have a call into the owner of Country Estates Realty who is well versed on what is available in the valley, I will let you know what he says. Thank you, Paula."What do I specifically need to say to let her know her notice is insufficient. My year lease went month to month on October 1. Fairfield, CA.
Submitted: 11 months ago.
Category: CA Real Estate
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

There is no special language you need to give your landlord - simply tell them that notice is insufficient (they owe you 60 days written notice). I would recommend writing back to them though - do not rely on oral communications.

They are liable to you for insufficient notice (and they are liable to their new tenant for failure to provide a vacant unit when they promised - but that is the landlord's problem, not yours).

If the landlord wants to pay you in order to compensate you for the insufficient notice, you can choose to accept that (if you want to), but you have no obligation to do so - you are entitled to a full 60 days written notice.

Customer: replied 11 months ago.
I just wrote "hi Paula: As I indicate fed in my prior email and our call I am due 60 days notice. Please be advised that you have not given me sufficient notice to terminate our lease. Thank you. Tanya Powell"Thank you for your advice Bill
Expert:  CalAttorney2 replied 11 months ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

Customer: replied 11 months ago.
She responded to my December 15 email instead of the one I sent yesterday saying "we appreciate anything you can do to leave by January 31, however we understand 60 days is February 12". She obviously knows the clock starts when I receive notice. I believe I can tell her the clock starts when I receive sufficient notice, correct? I'm not playing games The only suitable place I've found is not available til March
Expert:  CalAttorney2 replied 11 months ago.

You are correct - she has given improper notice - you are entitled to proper notice - if she does not give you proper notice, she cannot take any action (unlawful detainer - also called an "eviction" proceeding) to enforce her notice.

Customer: replied 11 months ago.
if I say nothing now can I give her a full months rent in January 1 and tell he she never gave proper notice and then give her notice for March 31
Expert:  CalAttorney2 replied 11 months ago.

You can do this - you will not be penalized - but keep in mind, avoiding the problem does not resolve it. If the landlord tries to enforce this with an unlawful detainer you will have to defend the action (you should prevail because you were not served with proper notice - but that still means you are forced to go to court and defend the action - costing you time and effort).

This is a strategy call by you - I cannot make this decision for you, we are only permitted to offer "general legal information" on this forum and cannot provide you with specific legal advice or instruction.

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