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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 30222
Experience:  30 years of real estate practice experience.
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Landmark Real Estate is my property management company I

Customer Question

Landmark Real Estate is my property management company I have hired to manage my rental property in Corona CA. On Oct 10, 2016 I have noticed our lease is expiring on Nov 10, 2016 so I contacted Diane at Landmark RE. I told her that I do not wish to extend this lease and would like to end it on Nov 10, 2016. She told me because of the length of years they stayed I must give 60 day notice to vacate. I agreed to Dec 10, 2016 to be the move out date. Next day, I followed up with Diane by email to make sure she has notified the tenant and she said she did by another staff member in her office. I also asked her to let me know if anything changes. No phone calls or emails from her since. Yesterday, I have received $868 rent check. I thought it is odd because it is not the full amount so I called Diane. At first she wasn't sure what was going on so she said she will check and call back the next day which she didn't until I made a call. Today, I just found out that the tenants are moving this weekend instead of Dec 10, 2016. I was never notified of this change from Landmark RE and now I am out of 1.5 months of rent. I believe it is their responsibility to notify the owner of the change. I also made other plans accordingly to Dec 10th move out date. Is Landmark RE responsible for this error and 1.5 month worth of rent due to me or?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Loren replied 3 months ago.

Good afternoon. i am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 3 months ago.

It seems you were misinformed. Unless the lease states otherwise, no notice is necessary to terminate a tenancy which is leased pursuant to a fixed term lease and has an expiration date.

The tenant is not required to stay after the expiration and no notice would typically be required to move out at the end of the lease.

Expert:  Loren replied 3 months ago.

The management company should have been marketing the space to a new tenant, if you were going to continue renting it.

Customer: replied 3 months ago.
Hi Loren.
I did not want to extend the lease.
Landmark employee told me that I must give them 60 day notice even if our original lease terminates nov 10th.
Expert:  Loren replied 3 months ago.

As I said, you were misinformed. They were confusing the notice requirements for a month to month tenancy. You had a fixed term lease. No notice is required. It just terminates on the date stated in the lease.

Customer: replied 3 months ago.
They told me the tenants move out is Dec 10th. So I made plans accordingly. But today I found out they are moving out this weekend. I will be out rent income from this weekend to Dec 10th.
Expert:  Loren replied 3 months ago.

You can make a demand on the management company for compensation for the mismanagement.

Expert:  Loren replied 3 months ago.

As I said, they should have been marketing for a new tenant for the past month or two.

Customer: replied 3 months ago.
Again, I did not want to extend the lease. I will make a demand for compensation. How much would you charge me to create a demand letter on your letterhead? Where are you located at?
Expert:  Loren replied 3 months ago.

Thank you for the vote of confidence, but I am not taking on new clients (retired). If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Customer: replied 3 months ago.
Ok thank you
Expert:  Loren replied 3 months ago.

You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

Customer: replied 3 months ago.
I understand. Have a nice day.
Expert:  Loren replied 3 months ago.

You as well!

Did you have further questions before you rate my service to you?

Customer: replied 3 months ago.
No more questions. Thank you
Expert:  Loren replied 3 months ago.

Thank you for using JA. Best of luck.

Customer: replied 3 months ago.
I just learned that you are a FL lawyer? I have requested for CA lawyer
Expert:  Loren replied 3 months ago.

I am licensed in Illinois and Florida, but my answer to you is correct for California law.

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