Legal Question in Landlord & Tenant Law in California
forgot to give 30 day written notice
We were in a lease for an apt. For my daughter while she was in school. She left before the lease was up but we keep the apt. so we wouldn't break the lease and continued to pay the rent. We told 2 different apt. managers that we would not renew the lease.We told them 2 months in advance that we would not be renewing the lease. When we went to pay for the last 7 days rent owed we were told that we didn't give 30 a day written notice and we owed for the whole month. I said no I'm not paying so they have sent us a bill for carpet cleaning when we told them for 6 months the carpet was bad, lots of stains and smells bad. A cleaning bill when I cleaned the apt. spotless, some painting charges and they kept the deposit and sent us a bill for $1200.00. I have to respond within 30 days so I wanted some advice before finishing my response. Is a 30 day verbal notice legal?
Thank you,
Mary
4 Answers from Attorneys
Re: forgot to give 30 day written notice
I would have to see the contract, but if it was the end of the lease term, no notice would be required. Additionally, their charges sound exagerated and may not be justified. I would be happy to offer you a free consultation on this matter in person or via telephone.
Re: forgot to give 30 day written notice
The answer is going to depend on your written lease with the complex. If it was a fixed term tenancy then most likely no notice was required, but if it was a periodic tenancy then written notice was required. If you would like me to review your contract and give you a specific answer based on the specifics of your contract, please fax me a cover sheet with your phone number and a copy of the contract, and then drop me and email. Hope this information helps.
Re: forgot to give 30 day written notice
Typically, a written notice to terminate tenancy is standard and mandatory in a leasehold. This written requirement protects both you and/or the landlord from incidents such as the one you are unfortunately facing now, especially if a landlord is "shady" and pretends not to know verbal notice was given. However, you may have some strong rights here regardless, especially since cleaning and/or replacement of carpeting after a tenant moves out (especially if the carpeting was bad to begin with) is often classified as everyday "wear and tear", in which the tenant is not liable under most circumstances. If you would like prompt, affordable legal assistance in resolving this unfortunate matter with your landlord, contact us directly today for a free phone consultation.
Re: forgot to give 30 day written notice
Review your lease. If it states that the lease period is from XXX date to YYY date, then it is a lease for term and expiration is automatic - no notice is required. If it does not state this, then a 30-day notice is required. Whether the notice given the landlord verbally is sufficient depends upon many things, including prior dealings with the landlord/mgr. If you feel you have been unjustly mistreated, take the landlord to court in small claims. I sit as a Judge Pro Tem and hear cases similar to yours often. In my opinion you do not need an attorney for this matter as it is not complicated.
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