Legal Question in Real Estate Law in California

Re: withdrawal of tenants 30 day notice to vacate apartment

You may have the right to force the owner of Appt #2 to allow you to move in under the original terms agreed to. The writing should be sufficient to bind them to a contract, and they cannot change it. Also, you relied on their promise, to your detriment.

Give me a call tomorrow. While you may not be able to rescind your 30 day notice, you may be able to force the other owner to allow you to move into the second apartment.

Re: withdrawal of tenants 30 day notice to vacate apartment

Your question raises a novel issue of whether a 30-day notice given by a tenant is binding and terminates the tenancy upon the giving of?

Civil Code 1946 specifically says "either of the parties may terminate the [tenancy] by giving at least 30 days written notice ... " This language suggests on its face the tenancy is terminated upon the giving of the notice.

I am assuming you mailed the 30-day notice to the landlord. Was the notice served as required by law. If not, the notice is defective and void. Code of Civil Procedure 1162 provides that a landlord rely must personally deliver to the tenant, or must deliver it to an adult at the tenant's place and mailing another copy later to the tenant. Civil Code 1946 says a copy may be mailed by registered or certified mail, or delivered by the tenant to the landlord's agent [resident manager is an agent].

If your 30-day notice was not served in this manner, then it is void. But if you served it in any of these methods, it would be valid.

All of this may be "Much Ado About Nothing" as Shakespeare said. Because if you can terminate the tenancy by a 30-day notice, so also the landlord may terminate by a 30-day notice. Normally the landlord does not require any reason to give a 30-day notice. And so you will lose your tenancy - "When?" is the question.

There is one final trump card. Your federal assistance may be part of HUD Section 8, or SSI, or some other benefit program for disabled persons. If so, there may be laws about terminating the tenancy under the federal scheme that trumps the state laws. And landlords typically sign an agreement to comply with federal law to get the rent payment from the agency. You should contact your federal agency immediately and ask for assistance. Do not pass go - act immediately. Agencies take time to act. Start calling the morning of December 26. Happy Holidays.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553