Legal Question in Real Estate Law in California

Notice to move Landlord lies

On 9.13.01 I gave my landlord a 30 day notice to move in writing stating I will move on October 13th or earlier. I had not given him notification to move prior to that. On the same day he gave me a notice to quit dated 9.1.01 & said that was the date of verbal notification by me. It also says I must move out by 9.31.01. I know I did not give him a notice on 9.1.01 and it is also a saturday and the office is closed on saturday. Also, there is no 9.31.01 so I figure he must've wrote it in a hurry or out of anger. Is it legal for him to mess around with the dates and enforce a verbal notification that was never given?


Asked on 9/14/01, 3:47 am

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Notice to move Landlord lies

As a practical matter, you have until 9/13/01 to move. The landlord's notification is ineffective since it did not accurately give you a valid date on which to move. Also, the only way the landlord will be able to get you out on whatever day the landlord feels is appropriate, is to file an unlawful detainer action against you.

If this lawsuit is filed, the landlord will seek damages for the amount of time you remain in the property. However, a defense to that action is the invalidity of the 30-day notice.

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Answered on 10/26/01, 5:24 pm


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