Legal Question in Landlord & Tenant Law in California
landlord/tenant
I decided to stay in my apartment after I gave notice to move. I wrote to the management company who turned down my offer to stay. Are they going to give me a 60 day notice or are they going to start eviction proceedings?
2 Answers from Attorneys
Re: landlord/tenant
Follow Mr. Gibbs' advice.
Re: landlord/tenant
You may be stuck with moving. Send the management company a written notice that you are withdrawing your prior notice that you intend to move. If they proceed to eviction based on your original notice, you can try to defend it on the basis of the withdrawal, but be aware you may not prevail. Also, if you send that withdrawal, a smart property manager will simply turn around and give you a 60 day notice - that's probably not retaliatory, and you'll be forced to move. Most property managers will simply go forward with an eviction at the end of the notice that you gave them.
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