Legal Question in Landlord & Tenant Law in California

What constitutes notice of ''Intent to Vacate''

I'm on a yearlong lease at my apartment, and the lease expires on June 8th. A few months ago, I found out that a friend of mine bought a condo, needs a condo, and would charge far less in rent than my current landlord.

On April 26th, I sent the landlord a letter stating ''I�ve started to look for another place to live, and I�ve found a place that I can move into for $850 per month. This offer is very enticing, but as I said before, I do enjoy living at 1506 Venice Blvd, and I would like to find a way to stay.'' What I thought I was doing was giving them notice of my intent to vacate if my rent wasn't reduced.

My request for a reduction in rent was denied, so on June 5, I sent the landlord a letter stating that I will be moving out on June 17 and will pay a prorated rate for rent from June 9 - June 17.

My landlord responded by saying that I did not give adequate 30 days notice of my intent to vacate. I disagree, since I sent him a letter on April 26th stating that I found another apartment.

Did I give 30 days notice?


Asked on 6/06/09, 3:31 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: What constitutes notice of ''Intent to Vacate''

I agree with the landlord. It appears that your earlier letter was open-ended and conditional. It wasn't a definite "I'm leaving on June 17." So, you might have to pony up the additional two weeks of rent.

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Answered on 6/06/09, 8:26 pm
David Gibbs The Gibbs Law Firm, APC

Re: What constitutes notice of ''Intent to Vacate''

I would have to agree with Attorney Cohen & your landlord. The quoted language is not sufficiently clear to indicate that you were leaving, and so unless there was additional language in the letter which unequivocally stated that you were leaving, you are probably liable for the additional rent.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/08/09, 12:12 pm


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