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?


Asked on 8/27/08, 7:32 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: landlord/tenant

Follow Mr. Gibbs' advice.

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Answered on 8/29/08, 6:33 am
David Gibbs The Gibbs Law Firm, APC

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.

*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 8/27/08, 7:48 pm


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