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  1. #1
    Join Date
    May 2005
    Location
    California
    Posts
    4

    Default Notice to Move out on Yearly Lease

    First some history..

    I live in Oak Park, California.. and started renting a 1 bedroom apartment on 5/20/2004. On Jan 1st, I moved to another apartment, a two bedroom. The original lease is being used with the exception that the lease now goes to the end of the month. I pay 1749 a month for this place (it's california

    The problem:

    Approx, April 15, I gave notice that I am moving out at the end of the yearly lease. My notice was verbal and conducted in front of everyone in the office. The top manager, and several other office workers who deal with regular business.

    The manager gave me a form for indicating I was moving out. When I checked the form, it was an intent to break lease form. I took it back and got the correct form. The correct form has a clause that is also in the lease (I still have to verify this), that I must give 30 day written notice. The form itself had a blank spot for indicating the number of days I was suppose to submit the form prior to leaving. Normally it was suppose to have 30 days hand written into the blank, but was left blank in this case.

    On May 15th, I turned in the form and was told I was now responsible for rent to June 15th. I explained that the form didn't have the number of days on it but they said it was in my lease.

    So I guess I have several questions..

    1. I gave verbal notice and not written. But I gave 6 weeks notice. Will this have any merit in small claims court?

    2. The fact that the form didn't have 30 days written in the blank spot (even though its probably in my lease), is this a factor? Are they obligated to either fill that in or verbally remind me?

    3. If I am obligated to pay rent until the 15th, is it a continuation of my existing lease or do I have to pay market rate?

    Hope someone has some advice out there..

    Thanks

    Mark

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Notice to Move out on Yearly Lease

    Quote Quoting cannonfodder
    1. I gave verbal notice and not written. But I gave 6 weeks notice. Will this have any merit in small claims court?
    Does your lease require written notice?

    Quote Quoting cannonfodder
    2. The fact that the form didn't have 30 days written in the blank spot (even though its probably in my lease), is this a factor? Are they obligated to either fill that in or verbally remind me?
    The requirement of a month's notice comes from California law, not from their lease form, so I doubt that you could make anything of the space being blank. Some tenants may want to give longer than 30 days notice, for example.

    Quote Quoting cannonfodder
    3. If I am obligated to pay rent until the 15th, is it a continuation of my existing lease or do I have to pay market rate?
    It would normally be at your regular rental rate. Does the lease provide for any sort of increase?

  3. #3
    Join Date
    May 2005
    Location
    California
    Posts
    4

    Default

    From my lease..

    Lease Term Expiration: A written Notice to Vacate shall be given to Lessor by Resident at least 30 days prio to the Expiration Date of the Lease Term. If Resident fails to provide such written Notice to Vacate, then, even if Resident vacates the Premises, this Lease Term will automatically be extended for one additional month following the Expiration Date..

    Adj Mkt Rate: $1695. The Total Monthly Rent shown above will be adjusted by these lease concession amounts. If this Lease is terminated because of Resident's default, Resident must pay Lessor a portion of these total lease concessions as further provided in the Lease Concessions paragaph of the Lease.

    Additionally, since my lease officially ends on May 29th, I'll be charged market rates for the 30th, 31st, and then June 1st though 15th. Plus a month to month surcharge. Total of $1193.60..

    The fact that I gave 6 weeks verbal notice is probably going to not count for anything.

    In the form for NOTICE OF RESIDENTS INTENT TO VACATE

    For Residents terminating at the end of the lease period: Lessor requires a written Notice of Resident's Intent to Vacate at least _________ days prior to the end of the lease term. If proper notice is not given and I/we vacate the apartment prior to the end of the lease term, my/our lease term will be extended, and I/we will be responsible for rent until the earlier of (i) one month following the lease termination date; or (ii) the date on which a new resident's lease term for the premises begins.

    Wonder if I can find someone to sublet for the two weeks I think I'm screwed otherwise..

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default California Landlord-Tenant laws

    The California Tenant's Guide indicates that notice should be in writing. (There is a 2004 supplement to that guide.

  5. #5
    Join Date
    May 2005
    Location
    California
    Posts
    4

    Default Re: California Landlord-Tenant laws

    Quote Quoting aaron
    The California Tenant's Guide indicates that notice should be in writing. (There is a 2004 supplement to that guide.
    I read that too. But just because it says that doesn't mean that a small claims court will find it that way. It may be cut and dry but I wanted to check with you experts and see if it may be possible that small claims would see it otherwise due to the 6 week verbal notice I gave.

    Thanks

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: California Landlord-Tenant laws

    Quote Quoting cannonfodder
    I read that too. But just because it says that doesn't mean that a small claims court will find it that way. It may be cut and dry but I wanted to check with you experts and see if it may be possible that small claims would see it otherwise due to the 6 week verbal notice I gave.
    If they admit they received the longer notice, or you somehow otherwise prove that you provided the oral notice, it is conceivable that a court would find that your compliance with the notice requirement was sufficient. If they deny it, though, it would be hard to prove. And you could very well find a judge who would insist something like, "You should have read the lease".

  7. #7
    Join Date
    May 2005
    Location
    California
    Posts
    4

    Default

    Aaron, thanks for providing your expertise and time

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