Legal Question in Real Estate Law in California
Is tenant's notice required if landlord teminates?
We had a 6-month lease followed by a month-to-month agreement with our landlord. We were given a 30-day notice of termination of tenancy (our tenancy was to end in 30 days or Feb 28)by our landlord. The landlord said that OMI eviction (by the property's new owners) was the reason. We moved out in 10 days, leaving the unit spotless. Now, the landlord claims that we did not give 30 days notice before we vacated, so she is entitled to a full month's rent that she will take from our security deposit. I've never heard of tenants moving out too early following an eviction?!? I found from the Assessor's office that the ownership of the property has not changed yet and it is not the current owners who would be moving in - the property has not yet been sold, apparently, so did they even have the right to evict us? Can we sue for illegal eviction? Or can we claim relocation assistance?
1 Answer from Attorneys
Re: Is tenant's notice required if landlord teminates?
When they give you a 30-day notice, they are entitled to the rent for that 30 day period. If you had given them a 30 day notice, they could not kick you out in 10 days, either. You would have been entitled to 30 days.
As far as the county assessor, they are so far behind in processing sales that it isn't funny. Don't give much credence to what they say for at least 60-90 days.
If your lease was not up until 2/28, but they gave you a 30 day notice to move out before that, then they MAY have breached the lease agreement, in which case you might not owe the difference.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
