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Wrong Terminology in Lease Termination Letter

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  • 11-11-2009, 10:14 AM
    Ezra
    Wrong Terminology in Lease Termination Letter
    State : California

    Included in the envelope with my last months rent was my letter to move out of my apartment "I am writing to inform you I am not renewing my lease. I am relocating to a different part of the state."

    On the 10th I called to schedule my final walk through and inspection.

    I was told that because I didnt specify " a date I was going to vacate the property" that my letter isnt proper 30 day notice.


    I was then told if I submit the letter today , she will allow it to be back dated to 11/9 and I will be responsible for more rent due into december.

    1.I am concerned she will try to charge me for all of december.

    2. I am concerned that during the final walk through, she will nit pick everything and try to get unreasonable amounts of money from me.


    Is there anything wrong with what she is doing from mentioned above?


    Thank You
  • 11-11-2009, 12:04 PM
    aaron
    Re: Wrong Terminology in Lease Termination Letter
    What does your lease actually require? Is there a provision in your lease for automatic renewal, or automatic conversion to a month-to-month tenancy, if you don't expressly terminate?

    At first blush, it seems implicit within "I'm not renewing my lease" that you intended to move upon the expiration of the lease, a date known to your landlord.
  • 11-11-2009, 02:10 PM
    Ezra
    Re: Wrong Terminology in Lease Termination Letter
    it says it converts to a month to month.
  • 11-11-2009, 03:54 PM
    LawResearcherMissy
    Re: Wrong Terminology in Lease Termination Letter
    The California Department of Consumer Affairs suggests that you include the date you intend to move:
    Quote:

    To avoid later disagreements, date the notice, state the date that you intend to move, and make a copy of the notice for yourself. It's best to deliver the notice to the landlord or property manager in person, or mail it by certified mail with return receipt requested.
    ...but the statutes do not require it. The statutes are completely silent on the wording of the notice, and require only that you give her 30 days written notice.

    I am in agreement with Aaron - your landlord is well aware of when your lease expires. One assumes you are moving out on or before that date? "I am not renewing my lease" certainly seems clear-cut enough.

    I personally would not pay any additional rent and move out prior to the lease expiration. If she withholds the additional "rent" from your security deposit, take her to small claims.
  • 11-11-2009, 06:26 PM
    Ezra
    Re: Wrong Terminology in Lease Termination Letter
    I typed a letter like she asked, to keep from falling farther in debt with her. it said I would vacate the premises 12/9.

    I dont know what to do, this is a 100 unit apartment complex, I am positive she knows every way to screw a tenant out of more money and Im pretty positive she has a lawyer on first name basis.............

    Quote:

    Quoting aaron
    View Post
    What does your lease actually require? Is there a provision in your lease for automatic renewal, or automatic conversion to a month-to-month tenancy, if you don't expressly terminate?

    At first blush, it seems implicit within "I'm not renewing my lease" that you intended to move upon the expiration of the lease, a date known to your landlord.


    From my lease " After expiration of the leasing period, this agreement is automatically renewed from month-to-month but may be terminated by either party. The owner giving 60 day notice and the resident giving 30 day written notice of intention to terminate."
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