Legal Question in Real Estate Law in California

Termination of Rental Agreement

Received a termination notice on our rental agreement giving us 45 days to move. We are down to the last 20 days. We have been looking for another place but have found nothing. Is it possible to ask for a extension? No reason was given for the termination.This is not due to non payment of rent. I need to know what happens if we don't find a place by Dec 15th. Appreciate your help.

Thank You


Asked on 11/29/02, 12:17 am

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Termination of Rental Agreement

so long as you move out before the unlawful detainer trial and prove to the judge you did, an unlawful detainer judgment cannot, "legally", be entered against you. You will need counsel to appear at trial to show the judge the case law on this because a number of judges and commissioners either do not or pretend they do not know this law. You will still have to pay the rent up to the date you move out--Don't worry, it will take more than 15 days after the move out notice expires before your unlawful detainer case goes to trial. You will have to pay attorney fees and filing fees to respond to an unlawful detainer complaint.

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Answered on 11/29/02, 2:46 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Termination of Rental Agreement

In addition to playing hardball with the unlawful detainer time line, you can certainly just ask for an extension. The more specific you can be (as to when you will move out), the better, but do try to find out why the landlord gave you notice in the first place, as that will help you form a productive negotiating stance. If you reach a deal, get it in writing and both of you sign and keep copies.

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Answered on 11/29/02, 2:50 pm


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