Legal Question in Landlord & Tenant Law in California
Cancelling a 30 day notice: More Info
My wife, one year old son and I gave a 30 day notice in writing and signed because we were halfway through escrow on a house and things looked good. The lender fell through and now we need to find a place to live. We have lived at our current apt. for four years and are near perfect tenants. Before the lender dropped our resident landlady rented our apt. to another couple - rent, deposit, and signed lease. There is another apt. available in the building that has been vacant for 6+ months and they won't give us a month to month lease on it - even though our current lease is month to month (they require a 1 yr., then it goes to month to month). There is a big property management company at the hilt and the resident landlady is just a nice lady who collects rent.
I read up on unlawful detainers and it seems that the 30-day notice is the contract they go by now and if we don't leave they can file an unlawful detainer right away without giving notice. There is no evidence that a 'Rescind of Lease Termination' notice even exists.
Thank you for the help.
2 Answers from Attorneys
Re: Cancelling a 30 day notice: More Info
Try negotiating with the owner, not the resident manager. If that doesn't work, put your stuff in storage and take a month-to-month rental or spend the next several days to find another longer-term rental situation.
Re: Cancelling a 30 day notice: More Info
I agree with Mr. Cohen.
You must be aware that the landlord (by the way, the owner is landlord/lady, and the manager is a manager) is in business to make a profit, and, when one tenant is vacating, the landlord wants to fill the vacancy as soon as possible.
Sorry not to be of more help, but, if you need more, feel free to e-mail, or call, my office.
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