Legal Question in Real Estate Law in California

30 days notice to quit

What can I do to find out why the landlord gave me this notice, through the manager without an explanation.I asked my manager, but he said he could not answer my question. I have called his supervisor and left many messages but still do not have an answer. I don't have the money to move and would not like to ruin my roomates good credit nor what is left of mine. If you could please guide me in telling me what it is I can do.


Asked on 3/05/03, 2:39 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: 30 days notice to quit

A 30-day notice is most frequently used when the landlord wishes to terminate an indefinite term tenancy, e.g. month-to-month; it is also used when the occupant is a lodger in an owner-occupied residential building, or when the occupant is not the tenant (e.g. a person not named in the lease or rental agreement). If you do not fit one of these categories, the use of a 30-day notice is suspect and may be inappropriate.

Unlike a three-day notice, a 30-day notice should never present alternatives, e.g. pay rent or quit.

The requirements for a 30-day notice are: 1) in writing; 2) signed; 3) contain description of premises, e.g., the address and apartment number if applicable; 4) must clearly demand possession without offering alternatives; 5) contain reference to 30 days. If there is a local rent-control or eviction-control ordinance, the notice must also meet any local requirement imposed.

Significantly, there is NO requirement that the notice state a reason. This is because the law doesn't require that the landlord have a reason. It is sometimes said that a landlord can terminate a short-term tenancy for a good reason or no reason at all, but never for a bad reason, such as discrimination or retaliation. If you suspect a bad reason, you may have a case and should consult a tenants' rights organization.

On the other hand, losing a rental due to a 30-day notice should not have any bad effect on your credit unless there is a credit issue independent of the 30-day notice.

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Answered on 3/05/03, 1:42 pm


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