Legal Question in Landlord & Tenant Law in California
30 day notice withdrawl
I am a tenant in Los Angeles California. At the beginning of this month I gave my 30 day notice. Since then my proposed roommate has backed out and I haven't been able to find a suitable place to live. My sister who has worked in rentals in other states said I should be able to withdraw my notice up to the last day of the notice. When I spoke with the rental company today they informed me this was not the case, that they had already pre-rented it and had money in hand. Do I have any options?
2 Answers from Attorneys
Re: 30 day notice withdrawl
Mr. Bennett is entirely correct.
Consider the situation in a logica fashion. The purpose of a thirty day notice is to give the landlord time to find a new tenant without the unit becoming vacant so it does not produce any rent. With that as its purpose, why would you be allowed to withdraw? The 30 day notice would become insignificant and the tenant could give a notice, cancel it 2 days before it runs, and then restate it the next day. Would that be any way to run a business?
Re: 30 day notice withdrawl
Regardless of your sister's advice, your notice cannot be revoked.
Landlords need tenants, and, of course, they don't want vacancies.
You have no options as to this rental, unless, of course, the management company has another rental, and, by some miracle, can talk the new tenant into accepting that.
Good luck!
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