Legal Question in Landlord & Tenant Law in California

Cancelling a 30 day notice

I understand that the advice on this website states that a tenant can't withdrawl a 30 notice but I would like to know what can the landlord do to you and on what grounds if you do cancel the 30 day notice?

Thank you.


Asked on 10/21/07, 11:29 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Cancelling a 30 day notice

The landlord can accept the notice and assume you are leaving. I do not think the tenant can re-instate the lease even if the landlord has done nothing as to it to his economic detriment. If you do not leave, he can evict you. As in any contract, if one party states he will no longer supply the goods or ask them of the other party, the contract is at an end. If the tenant could re-instate, then the landlord would either have to wait until the tenant had vacated, meaning the unit would be vacate for a longer period of time, or be entitled to sue the tenant for any damages resultling from the notice, such as newspaper ads for a vacant apartment, etc.

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Answered on 10/22/07, 12:13 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: Cancelling a 30 day notice

I agree with Mr. Shers.

However, it is possible that the facts of your situation might result in a different answer.

Why did you give notice? Was it because of repairs, neighbor doing drugs, no heat, too much noise, etc.?

Please give us some more facts, and resubmit.

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Answered on 10/22/07, 9:24 am


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