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LandlordTenantAnswer
LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34274
Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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I have a tenant who formally gave notice 01//18/2018

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Hi. . .I have a tenant who formally gave notice 01//18/2018 breaking the lease. Tenant gave two move out dates; I sent an email asking for confirmation of which date. Tenant claims they are still on the 6 month lease. The tenant has become quite hostile since they gave notice and has threatened to use legal options if we were to collect penalties due to their breaking the lease early. Am I under any obligation to allow them to rescind their notice? It would be ideal if they did move out as formally announced.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: California
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: terms of the lease are simple. no issues re maintenance or upkeep. tenant moved in december 01, 2017 for 6 months. move out date march 01, 2018 followed by a second email saying february 01, 2018 was the date if they could move in with a friend
JA: Anything else you want the lawyer to know before I connect you?
Customer: no. . .i would like to enforce the formal notice of intent to move out without it escalating

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Good afternoon. Why did they provide two dates and which one did you accept? Are you allowing them to break their lease early?

Customer: replied 10 months ago.
The first date was March 01, 2018 and sent to both me (property manager) and Peggy (property owner) via email. That was accepted. Shortly after that email, tenant sent a second email giving February 01, 2018 if they could move in with a friend. Yes re breaking lease early as the housing environment has become hostile and toxic.
Customer: replied 10 months ago.
No phone call please communicate via chat

No problem. Please allow me a moment

Thank you for the reply. If they provided notice that they were going to vacate and you agreed to this and accepted it, the notice to vacate on March 1, 2018, would control. Now, if you are in agreement with them leaving sooner if they could move in with a friend and want to accept that, you can but can argue that once the notice was given and accepted by both you and the property manager, that is the date which you expect them to vacate and pay rent up until, unless you agree otherwise. It is not a game whereby they can keep changing the dates and you just have to accept it, as it is still a rental property and you are agreeing to release them on a certain date but entitle to collect rent until then.

Customer: replied 10 months ago.
Thank you. And they cannot threaten legal action if we hold them to their March 01, 2018 move out notice?
In what way? As in they sue you?
Customer: replied 10 months ago.
Tenant wrote in their notice-My hope is that I will move out by the first of March. I ask that there be an accommodation with the lease agreement and that I not incur any penalty. Should there be any concern with this request, I will consult a tenant housing authority for assistance. Tenant has become increasingly hostile and claiming discrimination with another tenant (property manager). Property owner is willing to forgo early termination penalties to avoid any legal action.
The issue is that they said they hope, not that they will. That is vague. At the same time of a condition was that you will release them early if they vacate by March that would be a condition to it if they wanted to avoid getting sued for the breach. If they are hostile and causing issues there is no basis for them to sue you unless you did something wrong as a landlord.
Customer: replied 10 months ago.
Okay so I can offer the following-vacate the premises by March 01, 2018 and the early termination penalties will not be collected. Tenant is claiming discrimination as a hearing person (not a legally protected class) and has escalated in hostilities against the Deaf tenant (property manager).
The burden would be on them to show discrimination. You can offer them that if the vacate before March 1,2018 that you will agree to release them from the lease and they will no longer be liable.
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