Legal Question in Landlord & Tenant Law in California
My landlord left a typed letter in my mail box does this count as posting the 30 day notice or personaly serving the notice? They also have not mailed the notice to me, if it is to be considered a post and mail serving. The landlord left the notice in my mail box on January 29, 2010; which allows me to be here until February 28, 2010. But, as of Feb 15, 2010 I have been here for a year. Since, i did not leave before my year mark (Feb 15) do I qualify for a 60 day notice? Or Do I have to go by the date it was posted (Jan 29)? Also, does the letter have to state that it is a 30 day notice and does it have to be signed? The letter does not state that it is a 30 day notice nor is it signed.One more thing the house is also in forclosure. The trustee sale date or auction is on Feb 25, 2010. What should I do, because i have paid my rent For February, which i think should cover me from February 1-28.
This is what the letter states:
Jan 29, 2010
Re: My phone-call to you about placing our house on the Market yesterday 1/28/2010
Dear tenets name,
We regret to inform and put you on notice due to unfortunate circumstances we will be forced to sell our home. It's imperative that you find new living accommodations as soon as possible.
Best regards,
Landlords name
1 Answer from Attorneys
That doesn't sound much like a 30-day notice to me, but it sounds like it is irrelevant. If the house is sold at foreclosure sale, or the bank takes it, your landlord will no longer be your landlord in less than 30 days. You will then be a tenant at will of the new owner, with no rental agreement. So they will have to evict you. They may offer you cash for keys, meaning a modest relocation payment in exchange for vacating in an orderly manner sooner than they could get you out by eviction. Some lenders are taking 30, 60 even 90 days or more before even contacting the tenants of foreclosed properties.
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