Legal Question in Real Estate Law in California

Unsigned Contract - Can we give notice?

We've lived in the apartment a year. Due to the economic climate the landlord dropped the price of the apartment when the contract was due for renewal.

I didn't want a year lease and told him of my companies intention to relocate, possibly in 2003. He sent me a year contract which we haven't signed. We have been here for a further 6 months and now need to relocate.

Am I responsible for the remaining months, even though I never signed or sent back my contract. Can I give a months notice and leave without reprisal??


Asked on 12/16/02, 7:46 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Unsigned Contract - Can we give notice?

You would be considered on a month to month tenancy and would require a 30 day notice.

Joel Selik

www.4thelaw.com

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Answered on 12/17/02, 8:44 am
Frederick Choi Law Offices of Frederick H. Choi

Re: Unsigned Contract - Can we give notice?

So long as the landlord has accepted your rent for the last six months, then you are essentially under a month to month tenancy. You are not responsible for the last six months. You should document this fact in a letter to the landlord when you give your notice so as to protect your rights.

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Answered on 12/16/02, 7:49 pm


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