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BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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California - my landlord gave me 90 days notice to vacate.

Resolved Question:

California - my landlord gave me 90 days notice to vacate. Now that I've found a new place, do I need to give her a full 30 days notice? Or less, hopefully, since she initiated this whole thing.
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight. In order to help you I need to ask you a few quick questions. When did/does your lease end?

Customer:

I've lived here almost 7 years. Had a 1 year lease the first year. Notice was dated February 23, so 3 months is May 23.

BizAttorney :

When is your lease up? Why are they evicting you?

Customer:

Does the lease roll over every year? Owner is moving back into the house, which is currently in first stages of foreclosure process.

BizAttorney :

The lease only rolls over if it say so in the lease agreement. Otherwise it ends, and becomes a month to month lease with those same terms that are in the contract.

BizAttorney :

If it doesn't automatically rollover, then you only need to give 30 days notice.

BizAttorney :

In this situation, it doesn't appear that the landlord will mind if you leave earlier, but you will want to confirm that in writing (letter, email, etc.)

BizAttorney :

I would get a writing before vacating early, just so you have that if the landlord ever sued you for rent.

Customer:

I gave her notice on March 12 and I was vacating by April 1 and she's mad and says I have to give her proper, 30 days notice.

BizAttorney :

Technically she is correct. You can always pay until April 12th in order to avoid litigation though.

BizAttorney :

The law says that if you are a month to month tenant than you have to give 30 days notice or be liable for that rent.

BizAttorney :

So if she took you to court, she could get rent from you for 4/1-4/13, IF she pursued it in court.

Customer:

I was afraid of that. One more thing -- she asked me to "revise my notice and give her sufficient 30 days notice. Since I faxed her originally on the 12th, can the revised notice still be dated the 12th?

Customer:

Also, counting 30 days from the 12th puts me at April 10.

BizAttorney :

Yes, the 12th is fine. If the 10th is 30 days, then that makes it even a smaller chance that she will spend money to sue you and get rent up until the 10th.

Customer:

Ok, I will do that and will pay her for the additional 10 days.

Customer:

Thank you so much.

BizAttorney :

You are very welcome and good luck in the new place!

Customer:

Thank you!

BizAttorney :

Please leave feedback for me before you go. Have a good night!

Customer:

By the way, I guess even though she's pocketing my rent and not making her mortgage payment, I still have to pay?

BizAttorney :

Yes, that is correct.

Customer:

Thought so. Ok, I will leave feedback. Thank you and have a lovely evening.

BizAttorney :

You too!

BizAttorney :

Let me know if you have any problem with the feedback button.

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
BizAttorney and 12 other Legal Specialists are ready to help you
Expert:  BizAttorney replied 1 year ago.
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