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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have submitted a 60 notice to vacate my townhouse due to

Customer Question

I have submitted a 60 notice to vacate my townhouse due to an illness and mold in the basement. ( I have for now killed the mold but my dr wants me still to move) We found another duplex and put down 2100.00 for it 8 weeks ago. Since then my father has become terminally ill and is on hospice. I asked my current landlord ( which is a large multiunit property) if I could stay. Management said that our unit had been rented to someone else but I have found out that is not true. The owners are planning to make my place a model home and no one is waiting to get in. The other guy is insisting we move in. We had an odd question to him about the countertops and he said "in good faith" he quit showing it although he did keep a sign up in the front window long after the lease was signed. Regardless...although I need to move I just can't. I think it would make my health worse with all the additional stress but, no one is budging. What can I do? I am so tired and begging for someone to have some compassion for the situation. I know its a holiday weekend but the clock is ticking on too many levels and I need help. Do I have any way to stop all this?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 11 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 11 months ago.

I am very sorry to learn of this situation.

Unfortunately you have a very difficult contractual issue here in that you terminated your lease with your current landlord - they have no obligation to allow you to stay.

What you can do is try to negotiate a deal with them, see if you can offer them a cash deposit, pay an increased rent, or perhaps allow your home to be shown as a model (if that is what they want). I understand none of these are very appealing options, but they are each conditions that you can offer to your current landlord as incentives to get them to change their mind and allow you to stay despite the fact that you have terminated your lease.

With regard to your new landlord. Again, he has no obligation to terminate your lease. However, if you decide to terminate your lease now, he has an obligation to minimize damages.

What this means is that you will be held liable for rent until (1) the end of the lease term; or (2) the landlord finds a new tenant using "good faith efforts" (advertising the unit, not turning down reasonably qualified applicants, and not raising rent). Once the unit is rented, your obligation is over. This means that if they do so before your current deposit is exhausted, you should receive a refund, if your deposit is exhausted, but you have had to pay any rent, the rent obligation will end.

I would not suggest sending a termination letter to your new landlord until you get an agreement with your current landlord to stay - otherwise you are going to be "homeless" for a period (either forced into a holdover/eviction situation, or trying to find a new place to live with your deposit money tied up in the other place, and doing everything in a rush).

Make sure to keep everything in writing (especially any agreements).

Do not rely on Legal Shield or similar products - they can write you a letter, but in my experience they are not terribly helpful. If you need an attorney, speak to a local lawyer, you can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).

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