Legal Question in Real Estate Law in California
Landlords & Tenants
It may be best just to explain the problem:
My daughter, who is 21 years old, rents an apartment in San Diego(her father(my husband)is also on her lease. She applied to move into a larger apartment within the same complex and in that process gave her thirty(30)day notice to vacate her current (smaller) apartment. The people that she was going to move out with to the larger apartment have backed out, so therefore, she does not want to take the larger apartment. She called to rescind her thirty day notice on her smaller apartment and was told that she could not because they had already rented her apartment. They have other units available in the same complex that they can offer other people, but say that they will not do that because the persons that they rented my daughter's current apartment to want that particular one. My daughter does not want to move out of her current apartment into another apartment in the same complex (which they have offered to her). They say they have a bigger responsibility to the newer tenants to fulfill than to my daughter who has lived in her apartment for almost a year. My question is: Considering the circumstances, can they legally make her move out of her current apartment?
1 Answer from Attorneys
Re: Landlords & Tenants
Yes; your daughter gave them notice and just as she would have expected them to honor that notice, they are expecting her to do the same. They have offered her another unit and that appears to be more than reasonable.
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