Legal Question in Real Estate Law in California
The latest date of lease
Before we signed the 10-month lease on 11/4/99, we noticed the latest date was put as "9/30/00". We raised this to the officer and were told in Californa for legal document, it has to be at the end of month. He relieved us that what we signed is a 10-month lease which is from 11/4/99 to 9/4/00. So we signed the lease w/o further question.
On 7/30/00, we submited the 30-day notice to move out on 9/4/00. But another officer said that as California law, even we started our lease on 11/4/99, the 1st day of our lease should be 12/1/99 so our lease should be due by 9/30/00.
We have talked to the supervisor, finally we knew that this person who handled our lease in the beginning has just resigned.
I've found out later there are no such California law either "the legal document has to be ended at the last day of month" or "the lease has to start from the 1st day of month". When I asked the supervisor to provide me such documents their employees told me about the California law, she just kept saying that according to the document we've signed, I and my husband acknowledged that our lease ends at 9/30/00 not 9/4/00.
What should we do to protect our right? SW
1 Answer from Attorneys
Re: The latest date of lease
You are stuck with a written lease running until 9/30/00. Giving notice doesn't terminate the lease, it only puts the landlord on notice that he may have to mitigate damages by finding another tenant.
If you could prove what the first 'officer' said about the date you might prevail in court on the basis of mistake or even fraud. You might consider small claims, but based on the likely amount and the slim chance of winning (as I understand the facts) hiring an attorney is not a sound use of cash for you.
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