Legal Question in Landlord & Tenant Law in California

I appreciate you reply my word is everything. My issue is My landlord is taking advantage of my ignorance of the California tenant law. I gave her verbal notice to vacate, then she later denied being clear about and requesting more rent out of me. Legally I signed the lease and I do owe her because I did not send written notice. I will set up a payment plan with her and make,it right unless I may have a possible defense.

I have email correspondence of her acknowledging my intent from our phone conversation to move out on March 1st or April 1st. We spoke through text and email many times until March 23 when I was approved and my check cleared for a new place I gave her hard notice with an official date win phone again. A day later she emails me stating I did not give proper notice of my moving.

She is correct I did not give written notice but we had a verbal agreement where I trusted her.

She saw my mistake and I feel is legally coercing me out of more money. Just curious if you are willing to view my email trail which proves she is aware of my intent as of March 8th and one in March 21st where she again asks if I plan to move by the end of March. In her email she confirms she knew of my intent to move out as early as the end of March. Just curious as to if I will have a good defense in a civil case?


Asked on 3/28/17, 2:44 am

1 Answer from Attorneys

You might be able to establish that the landlord waived formal written notice, if they continued to communicate with you by phone and email rather than demand formal written notice. However, until you gave a specific "hard" move-out date, you had not given any valid notice at all. Notice of intent to move out at some point in the near future, is not a move-out notice. Until you gave a confirmed "date certain" that you would move out, you had not given a move-out notice in any form and you are liable for rent for however many days notice you agreed to give in the lease.

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Answered on 3/28/17, 11:17 am


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