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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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In California I am o a 30 day notice not a lease, in my written

Customer Question

in California I am o a 30 day notice not a lease, in my written letter I accidently put july 1 as my move out date when he was charging me till july 4 can I send a correction letteri am legally disabled and make mistakes like this all the time
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.
Contact your landlord and see if they will give you an extension. If they do, get it in writing (see my note on "confirmation letters" below). Unfortunately, there isn't a legal right to this extension, but with the 4th of July holiday in there, I doubt it is going to be a problem getting such an extension. Make sure you are able to make the rent payment for the additional time promptly as this is usually the only obstacle to getting such an extension.Confirmation letters: Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you receive.
Customer: replied 1 year ago.
wait wait its only a 3 day difference
Customer: replied 1 year ago.
im disabled I make these mistakes all the time, the landlord is just trying to squeeze money because he got letter on june 4th hes charging me rent for 3 days I pay my rent on 4th every month cause I don't get my check until then so when paying rent I gave notice saying I was moving July 1 well that isn't legally 30 days july 4th is cause he said June 4 is when I gave notice so how can he expect me to pay for 3 more days to make it thirty and not stay when I paid rent
Customer: replied 1 year ago.
oh I already made the correction and sent him the money but can he make me leave in july1 when I paid up till the 4th
Customer: replied 1 year ago.
this man is a real slum lord so its scary
Expert:  CalAttorney2 replied 1 year ago.
In that case, I would do a follow up letter (follow the same principles as the ones I gave you for a "confirmation letter" - note the issue, and your agreement).
Confirm that there was a misunderstanding, that you are paying the full rent for the 30 days, your notice is 30 days long, so that would go to July 4, and you are including the rent for the add'l 3 days, and that you will be vacating the unit on July 4.
The landlord can require you to pay for the 30 days (he is entitled to the full 30 days notice), but cannot force you to leave early.
(A really good handbook for tenants in California is published by the California Attorney General and can be found here: http://www.dca.ca.gov/publications/landlordbook/index.shtml it can give you tips on getting your security deposit back, dealing with disputes such as this, and what to look for when signing a new lease at your new apartment).
Expert:  CalAttorney2 replied 1 year ago.
No, the landlord cannot force you to leave on the 1st. Your move out day is the 4th (you are paid up through the 4th, you made an error on calculating the 30 days, send a "confirmation letter" as noted above and keep a copy for your records.
The worst that he could do would be to come on July 2 and give you a "3 day notice to quit" which he couldn't enforce with an unlawful detainer until July 5 (which he would have to go to court and explain to a judge how he tried to enforce this calculation error after accepting rent for the full 30 days).
Expert:  CalAttorney2 replied 1 year ago.
(If you are looking at a calendar - July 5 is a Sunday, so the absolute earliest he could file a court case would be July 6 - where he would still have to prove the calculation error in his favor - which again, I don't see a court buying).
Customer: replied 1 year ago.
I don't understand, how can he charge me full rent I already paid for June 935.00 I only ower for 3 days in July help me undersand why you said I had to pay full rent when I already paid it
Expert:  CalAttorney2 replied 1 year ago.
You did pay rent (you fulfilled your obligation), now you get to stay (the landlord must fulfill theirs).
Customer: replied 1 year ago.
thank you William, I cant seem to find how much this costs I joined the one where you can ask anything but I don't know what it cost. you did great I would like to ask you more about the flea problem and the landlord refusing to change carpets ive lived their over 4 years
Expert:  CalAttorney2 replied 1 year ago.
Regarding your account, you will need to follow up with Customer Service (I do not have any access to your account as an expert): http://ww2.justanswer.com/help.
You can post new questions to the forum to any of the experts, or you can post a question to me specifically by starting your question with "For William B. Esq." and a moderator will notify me.
Regarding your flea problem, the California Attorney General's handbook is going to be your best resource, (the link is above, and here: http://www.dca.ca.gov/publications/landlordbook/index.shtml), unfortunately there isn't a remedy for you to be compensated now for the landlord's failure to maintain the unit over the past 4 years, but for future reference, you can sue a landlord for failure to maintain in small claims court (the cause of action is breach of contract (the lease)).
Thank you for using our forum, and please do not forget to rate my service.
Again, I do wish you the very best,
Bill
Customer: replied 1 year ago.
can I ask you another question
Expert:  CalAttorney2 replied 1 year ago.
The forum does ask that you post each question separately. You can follow the instructions above - post a new question to me by starting it with "For William B. Esq." and I will be notified. I am available for a few more minutes, and then I will be online again tomorrow.

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