Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I signed a month-to-month lease with my landlord starting on…

Customer Question
I signed a month-to-month lease...
I signed a month-to-month lease with my landlord starting on December 1, 2015. I however, was not going to start living in the room until January 16th, 2016, as I am a graduate student and I was going to be out of town for the holidays. She knew this when I signed the lease.
On December 19th I received an email from her saying I had to move out in 30 days because she just sold her house and was going to move in to the house I am living in. I believe that she knew of an offer on her house at the time I signed the lease and knew that she would be telling me to leave even when I signed the lease.
1) is giving me notice via email acceptable? She said that she posted a physical letter on my door at the time. However, she waited until all the roommates had left for the holidays to do so, so I have no proof because she did not mail it.
2) I feel like because she did not disclose that she would be having me move out so soon after my move in date that I am entitled to compensation?
Any help that you could give me would be very appreciated. I am really tired of being taken advantage of by my landlords in California.
Thanks,
Whitney
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 21 minutes by:
1/19/2016
Lawyer: CalAttorney2, Attorney replied 2 years ago
CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10,245
Experience: I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
Verified

Dear Customer,

Your landlord broke their contract (lease agreement) with you.

You can sue them in small claims court (see this link to the California Courts small claims self help site for additional information and all of the forms you will need: http://www.courts.ca.gov/selfhelp-smallclaims.htm).

Your damages are the actual costs you incur in finding a new unit, any incidentals (such as temporary housing while you are actively searching for a home), the difference in rent between the a new home and the current rent price (for example if your rent under the lease was $150.00/month and a reasonably comparable unit was renting for $200.00/month - you would be entitled to $50.00/mo x 12 months (the length of the initial lease agreement that the landlord is breaking).

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Did they break the lease with me even if I have a month-to-month agreement?
Customer reply replied 2 years ago
I have no end date on my lease
Lawyer: CalAttorney2, Attorney replied 2 years ago

Dear Customer,

My apologies, I apparently misread your question. I thought you had just signed a 12 month lease.

If you are on a month to month lease the tenant may terminate the lease on 30 days written notice, and the landlord may terminate the lease on:

  • if the tenant has lived in the unit for less than 12 months: 30 days written notice
  • if the tenant has lived in the unit for 12 months or more: 60 days written notice

See: http://www.dca.ca.gov/publications/landlordbook/terminations.shtml

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10,245
10,245 Satisfied Customers
Experience: I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Is a roommate agreement legally binding? My roommate and I
Is a roommate agreement legally binding? My roommate and I both signed a roommate agreement stating we would each be responsible for half of the rent and half of the utility bills until the end of our… read more
Lori
Lori
Juris Doctor
2,169 satisfied customers
I have a lease in Los Angeles County CA that I signed with
I have a lease in Los Angeles County CA that I signed with my husband in 2912. The term of the lease exoired in July 2013 and became a month to month lease from the. To the present, i … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
Have had no lease since Aug 2016 gave notice to move as of
Have had no lease since Aug 2016 gave notice to move as of May 1 and roommate gave her notice as of June 1. Landlord says original lease requires me to give 60 day notice requiring me to stay until Ju… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I have rented a 2 bedroom property in Goleta, CA since
I have rented a 2 bedroom property in Goleta, CA since August 2013. I had planned to move out of the unit when my lease ended on 8/10/2016, however, after viewing some available properties in the area… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,295 satisfied customers
I am moving to a new city 100 miles away and located a
I am moving to a new city 100 miles away and located a rental home managed by a large management company at the end of September. I was told the property would be available on Oct 7th but I didn't nee… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Please excuse my wording, my question is a bit complex. My
Please excuse my wording, my question is a bit complex.My roommate started a lease herself in Feb 2016. She added me in march/april 2016. She now wants to leave the lease, and has forwarded a "roommat… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
10,245 satisfied customers
I'm in a lease with another person in a three bedroom
Hello, I'm in a lease with another person in a three bedroom apartment. I was supposed to move out today. We both signed a lease release form which stated that a new lease would be written up to inclu… read more
AttyHeather
AttyHeather
Attorney
Juris Doctorate
637 satisfied customers
Basically what you are telling me is that I should state my
basically what you are telling me is that I should state my complaints in writing and mail it certified to her. About the rent. Shouldn't my roommate and I have signed just one lease. The info on my r… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,295 satisfied customers
I own an apartment in San Francisco. My tenants( two
I own an apartment in San Francisco. My tenants( two roommates), signed a lease on Sept 2015 for nine months. The fixed term lease converted to a month to month on June 1, 2016. One of the tenants inf… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
If I am a guarantor daughter's and her roommate's apartment.
If I am a guarantor for my daughter's and her roommate's apartment. My daughter is over 4 months pregnant, her roommate now smokes pot in the apartment knowing that my daughter will not stay there whe… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Me and my roommate signed a year lease starting May 1st, 3bed house in CA. However,
Me and my roommate signed a year lease starting May 1st, for a 3bed house in CA. However, we had a tiff on Apr 30 and I decided not to move. I sent my roommate a notice on Apr 30th that i wont be movi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question regarding renting a room in a house in San
Hi, I have a question regarding renting a room in a house in San Francisco. I am renting a room and sharing it with another person, but want to move out. When I moved in I did not sign the actual leas… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I had a tenant who had a years lease. After 6 months they
I had a tenant who had a years lease. After 6 months they cancelled the lease saying they couldn't afford it, she was pregnant, and her husband had to be closer to his job. They gave me a 3 month noti… read more
Expert
Expert
We had a commercial lease through May of 2016. The space has
We had a commercial lease through May of 2016. The space has been vacant since June of 2014 because we moved into a larger mental outpatient facility. The landlord threatened to take us to court if we… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My landlord has sold the house share that I rent in
My landlord has sold the house share that I rent in Baltimore City. She did not provide me with 60 day notice and wants me out 10/5/15. My lease is from 6/1/2015-8/31/2016. What can I do?… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My daughter will complete a second 12 month apartment lease
My daughter will complete a second 12 month apartment lease term (same apartment and complex) on August 16, 2015 in Houston, TX. She has accepted a renewal offer for a 3rd twelve month lease to begin … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
LEGAL HOUSTON CONDO RENTAL QUESTION: Tenant (David) signs
LEGAL HOUSTON CONDO RENTAL QUESTION: Tenant (David) signs a 4 month lease, then renews the lease for 6 months in a Houston condominium (David told the owner that his girlfriend would be staying there … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hello, I live in Arlington, VA and I am trying to sublet
Hello, I live in Arlington, VA and I am trying to sublet my room. My room mate is mad at me because I want to move out before the lease is up in May, and is making it difficult for me to find a sublet… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x