Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant
This answer was rated:

I have a tenant who formally gave notice 01//18/2018

Hi. . .I have...

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.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

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

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. . .i would like to enforce the formal notice of intent to move out without it escalating

Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 5 minutes by:
1/22/2018
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 30,025
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
Verified

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

Ask Your Own Landlord-Tenant Question

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

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month 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 reply replied 1 month ago
No phone call please communicate via chat

No problem. Please allow me a moment

Ask Your Own Landlord-Tenant Question

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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month 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?
Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month 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.
Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month 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.
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 30,025
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
Verified
LandlordTenantAnswer and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Thank you!
Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask LandlordTenantAnswer Your Own Question
LandlordTenantAnswer
LandlordTenantAnswer
LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 30,025
30,025 Satisfied Customers
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.

LandlordTenantAnswer 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

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 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

1,278 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
Our landlord keeps emailing us accusing us of smoking in our
Our landlord keeps emailing us accusing us of smoking in our unit. She is claiming there is an odor coming from our apartment and that she knows it is “me” because she smells it when I am home however… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My landlord via the leasing office/maintenance staff has
My landlord via the leasing office/maintenance staff has been entering my apt. after I've left. MY family base is in NY and I currently reside in NJ. I've reported same to the cops, they said that the… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My Baltimore tenant is in late on her rent with no intention
Hi..my Baltimore tenant is in late on her rent with no intention of paying. Also two of the leasee's broke the lease. I have filed for repossession of the property and am awaiting court date. To add i… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am selling my business but both me and my ex-husband are
I am selling my business but both me and my ex-husband are guarantors on the commercial lease, along with two other former partners. My fear is if the new owner cannot pay the rent at some point ( the… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,734 satisfied customers
My daughter got married approximately 4 months ago when I
My daughter got married approximately 4 months ago when I checked out the hotel said I was paid in full now I receive a bill in the mail stating I owe $650 for unpaid rooms am I liable… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,683 satisfied customers
My mother passed away. She lived in her apartment for 20
My mother passed away. She lived in her apartment for 20 years. What expenses can the landlord charge her estate for after so many years of tenancy? I'm the official next of kin and she will not suppl… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am going to write to my Landlord an objection to her
I am going to write to my Landlord an objection to her request. Her request is that have 120 days to move out of the unit I rent from her. She is claiming to take her property off of the San Francisco… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I recieved a 10 day notice to pay or vacate the property due
I recieved a 10 day notice to pay or vacate the property due to rent not aid … read more
LandlordTenantAnswer
LandlordTenantAnswer
Attorney
30,025 satisfied customers
Lease agreement did not state the tenant can or can't
Lease agreement did not state the tenant can or can't conduct business in residential apartments. Tenant run a day care business in the tenants' apartment about one month ago. The tenant did not ask f… read more
LandlordTenantAnswer
LandlordTenantAnswer
Attorney
30,025 satisfied customers
I was being stalked. He actually broke into my apartment. I
I was being stalked. He actually broke into my apartment. I called the police and made a report for a restraining order and had my locks changed. He continued to contact people I know. I was so scared… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a tenant that just moved out of my house she was due
I have a tenant that just moved out of my house she was due out by February 16 (no eviction) and she still has a lot of stuff left behind. She said that she would get it out by the 1st of March. She h… read more
Lori
Lori
Juris Doctor
634 satisfied customers
I lost my bag Monday coming home on the train and my keys
I lost my bag Monday coming home on the train and my keys were in there. The building super had keys to every apartment but mine. They called a locksmith who left my door with no door knock, another l… read more
LandlordTenantAnswer
LandlordTenantAnswer
Attorney
30,025 satisfied customers
I am a Landlord in California. My rental has 3 window that
I am a Landlord in California. My rental has 3 window that have a broken counter weight rope broken. They were broken 5 years ago when the tenant moved in. In the last two years of their tenancy they … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am disabled I have been hacked for weeks I have sent
I am disabled I have been hacked for weeks I have sent please for help to all agencies I filed a complaint with human rights division of Florida and they have violated their ordinance of no retaliatio… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have had mice in my apartment for months and my landlord
I have had mice in my apartment for months and my landlord takes no responsibility. What legal action can I take? I also pay extremely high rent and the reason was because I was paying for a clean apa… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I want to move out from the apartment me and my roommate
I want to move out from the apartment me and my roommate moved into. I talked to her last night and thought that getting her off the lease would be an easier solution. Turns out not, and we will still… read more
Bill Attorney
Bill Attorney
law
1,746 satisfied customers
I need good case law and research for summary judgment in
I need good case law and research for summary judgment in the event State Farm and I can't agree on a settlement. I'm attaching the files for the defenses and what they're working with.I'm using the N… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am 82 years old and my husband is 88 we recently signed a
I am 82 years old and my husband is 88 we recently signed a lease agmt on a apartment friday night at 5:45 pm by Saturday morning at 8 am we had decided not to lease it and continue to live with our f… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,683 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