Legal Question in Landlord & Tenant Law in California
URGENT!!!! No 30 day notice, I want to stay!
My girlfriend is moving out of our apartment which is a month to month lease. the manager asked me if i was leaving as well. i told them i wasn't sure yet, but if i did leave it would be at the end of this month (the 29th). i found someone to live with me in the other room, and when i went down to inform the manager that i wanted to get the paperwork for them to fill out to get their credit run, they infromed me that they already had someone in line for the apartment and I couldn't stay( that was today the 8th). I never said I was for sure leaving, and never gave my written 30 day notice. can they legally tell me I have to be out on the 29th when i never officially gave my 30 day notice?
2 Answers from Attorneys
Re: URGENT!!!! No 30 day notice, I want to stay!
Both parties to a month to month rental agreement of less than a year have the power to terminate the agreement for a lawful reason with a thirty day written notice. Since neither party apparently resorted to that procedure here, the landlord would have to give you a thirty day notice, assuming your girlfriend didn't give the landlord a written notice for the both of you. If she did you may be cooked.
Also, there is nothing preventing the landlord from serving you now with a 30 day notice (if you were a tenant for more than a year it must be a 60 day notice) to terminate your tenancy. It's a very difficult position you are in.
Re: URGENT!!!! No 30 day notice, I want to stay!
I know you want to stay, but as Mr. Moerbeek points out, it may no be possible. I agree with his advice.
Notice does not always have to be written, and they obviously interpreted your words as a 30 day notice.
Look elsewhere. It will be cheaper than fighting this.
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