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  1. #1

    Default Do You Still Have to Provide 30-Day Notice, Even when You're Being Forced to Vacate

    My question involves landlord-tenant law in the State of: California

    For the past year and a half, I've been living in a house with a couple other people. Their names are on the lease, and they are sub-leasing out an unused bedroom to me. Three weeks ago (on the first of the month) my roommates gave me a 30-day notice to vacate. Then a few days later, they changed it to 60 days, presumably because they discovered that I have a right to more time, given that I've been here more than a year. But I ended up finding a place within 30 days anyway. Now they are saying that I am responsible for paying for next month's rent, because I didn't give adequate notice and they don't have time to find a new roommate. This doesn't seem right at all to me. Is a lessee still expected to give 30-day notice, even when they're being forced to vacate by the lessor?

    Just to be clear, they are not claiming I did anything wrong. They just want a different roommate, and I donít want to stay where Iím not wanted.

  2. #2
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    Default Re: Do You Still Have to Provide 30-Day Notice, Even when You're Being Forced to Vaca

    I think they make a good point. They had to give you 60 days notice because you were there more than a year. If you were terminating a month to month tenancy you would only have to give one month's notice.

    However, according to Paragraph (e) of the termination statute were you to terminate earlier than the 60 days you would have had to have given one month's notice.

    http://leginfo.legislature.ca.gov/fa...tionNum=1946.1.

    So, yes, I think they can hold you to the extra month. However, California imposes, upon a lessor, a duty to mitigate unless the lease says otherwise. See:

    http://leginfo.legislature.ca.gov/fa...tionNum=1951.4.

    If you didn't have a written lease they would only be entitled to rent from the day you leave to the day they replace you and the burden of proving mitigation would be on them.

    From a practical standpoint do you think these people would find a replacement quickly if you left without paying the extra month? Do you think they would sue you if you left without paying?

    If you pay it, you can bet they will take their time getting another roommate. If you don't pay it they are liable to act more quickly because an empty room doesn't generate any rent.

    You decide.

  3. #3

    Default Re: Do You Still Have to Provide 30-Day Notice, Even when You're Being Forced to Vaca

    Thank you for your reply. It seems to be a renter's market in this area right now, and I don't think they'll have any trouble finding a new sub-lessee. I don't intend to pay for September. I don't think they would sue me, but I do think they might not return my deposit, which is more than a month's rent. So ultimately I guess I'd be the one suing them. I really hope it doesn't come to that.

    Does the original (incorrect) 30-day notice to vacate have any legal bearing here? It doesn't seem fair that I could be on the hook for their mistake.

  4. #4
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    Default Re: Do You Still Have to Provide 30-Day Notice, Even when You're Being Forced to Vaca

    Quote Quoting jeremyseanbell
    View Post

    Does the original (incorrect) 30-day notice to vacate have any legal bearing here? It doesn't seem fair that I could be on the hook for their mistake.
    No. It was defective and couldn't be enforced against you so it doesn't do you any good. They corrected the mistake within a few days so it did you no harm.

    You finding another place to live had nothing to do with that original notice. Once you knew you could stay 60 days you could have stayed for the 60 days. You moved out in 30 days by choice.

  5. #5
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    Default Re: Do You Still Have to Provide 30-Day Notice, Even when You're Being Forced to Vaca

    To follow up: is there a lease or is this month to month? I ask only because many choose the wrong terms to describe their situation and it will impact their real options.
    "Where do those stairs go?"
    "They go up!"

  6. #6
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    Default Re: Do You Still Have to Provide 30-Day Notice, Even when You're Being Forced to Vaca

    Good point but my guess was month to month given the circumstances.

  7. #7

    Default Re: Do You Still Have to Provide 30-Day Notice, Even when You're Being Forced to Vaca

    Okay well thanks for your replies. And yes, it's month to month.

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