Legal Question in Real Estate Law in California
Apartment Lease and 30 day notice
Basically I need to know if a tennant is required by law to give a 30-day Written Notice to Vacate Premises when they have a written Lease Agreement stating the end of tennancy.
We leased an apt. from June-Oct. in a new community while our home was being built.
In August we received a 60-day Notice stating that if we wanted to stay beyond September 30, we would be charged an additional $200 for mo. to mo. tennancy. Since this was incorrect, I went down to the office and the office assistant changed the end of our lease to October, and told me ''just to tear up that notice'', ''I'd be receiving another one in a month''. I told her that although our home was scheduled to be ready late September/early October, we would, indeed, adhere to the lease agreement, and pay our rent though the end of October, as our lease stated, no matter what time of the month we moved out.
We vacated as scheduled. We never received another notice.
Now we have recieved a letter stating we owe them November rent.
1 Answer from Attorneys
Re: Apartment Lease and 30 day notice
You probably do not owe November's rent unless your written lease agreement requires you to give your landlord 30 days notice before the end of the lease term. Absent such a requirement, you are well within your rights and it sounds to me like your landlord may be violating the Fair Debt Collection Practices Act. A letter from me threatening potential civil liability usually takes care of matters like this.
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