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  1. #1

    Default Moving Out Prior to the End of the 30 Days Notice Period

    My question involves landlord-tenant law in the State of: California (San Francisco)

    Hello,

    I am on a month-to-month lease in my San Francisco apartment. I've been looking to move into a new apartment for a couple months now. What is difficult about SF is that new landlords expect you to move in within a week or two of showing you the apartment and signing a new lease. Of course, I'm required to give 30-days notice to vacate my current apartment. So tenants here get stuck in difficult situations of having to pay double-rent on 2 places for a couple weeks when moving.

    With that in mind, in February I approached my landlord asking if we were to give official notice, if she thought she could fill the vacancy quicker than 30 days, thus reducing the amount of time we'd be paying double-rent. She responded (in writing) verbatim:

    "Of course, I would work with you guys. I would like to show the apt while you are there and I believe I can rent it out very fast. I'll do my best in avoiding you having to pay double rent. Actually I won't charge you more than a few days if it even comes to that. Anything after a few days I would be responsible for."

    At the time we posed the question, we were looking to vacate and have the place back-filled in 9 days. When we finally found a new place on 3/3, we gave her 'official' notice, in writing, immediately, telling her we intended to be completely vacated by 3/15. We cooperated completely and allowed her to show the apartment to multiple prospective tenants, with our furniture still inside and while we were still living there. Now, yesterday we hear from her that she hasn't found a new tenant, and that we are responsible for rent all the way through 4/3. So, just like I hoped to avoid, I have to pay double-rent for over a two week period (which is quite a bit of money in this city).

    I write contracts for a living so I fully understand that the email exchange between myself and the landlord was not executed in an agreement, and thus might not be enforceable. However, I don't understand the finer points of contract law, so I want to double check to see if anything about the email exchange and her promise to us could be deemed enforceable by a court, if I tried to press the issue. In this case, both parties effectively agreed to modify the terms of the lease, however, the actual amendment never happened of course. So I'm wondering if that carries any weight.

    Ultimately I don't expect that I'd formally fight this, but I'm just trying to negotiate a compromise here. Any 'ammo' I have in my back pocket would be helpful. Thanks!

  2. #2
    Join Date
    Sep 2005
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    Default Re: Moving Out Prior to the End of the 30 Days Notice Period

    There's a question here as to a meeting of the minds. As leases normally run from the first of the month, it would be exceptionally difficult in most cases for a landlord to quickly find a tenant and fill a unit for a mid-month departure. I would not be surprised if your landlord was thinking that your notice might be less than thirty days, but would end on the last day of the month, and that the complication arises from your mid-month departure.

    If you're lucky she'll find a tenant quickly and much of the rent claim will become moot. She should still be looking.

  3. #3

    Default Re: Moving Out Prior to the End of the 30 Days Notice Period

    Quote Quoting Mr. Knowitall
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    There's a question here as to a meeting of the minds. As leases normally run from the first of the month, it would be exceptionally difficult in most cases for a landlord to quickly find a tenant and fill a unit for a mid-month departure. I would not be surprised if your landlord was thinking that your notice might be less than thirty days, but would end on the last day of the month, and that the complication arises from your mid-month departure.

    If you're lucky she'll find a tenant quickly and much of the rent claim will become moot. She should still be looking.
    Thanks for your input. I agree with your assessment about in most cases it being 'exceptionally difficult' for her to quickly find a tenant in 12 days. However, San Francisco is the hottest rental market in the United States. Prospective tenants show up in droves to view apartments and people literally beg landlords to let them move in. I'm not exaggerating - its a great time to be a landlord in SF. She clearly dragged her feet in finding a tenant. I'm wondering if this has any impact?

  4. #4
    Join Date
    Mar 2013
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    Default Re: Moving Out Prior to the End of the 30 Days Notice Period

    Quote Quoting SunDevil1212
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    With that in mind, in February I approached my landlord asking if we were to give official notice, if she thought she could fill the vacancy quicker than 30 days, thus reducing the amount of time we'd be paying double-rent. She responded (in writing) verbatim:

    "Of course, I would work with you guys. I would like to show the apt while you are there and I believe I can rent it out very fast. I'll do my best in avoiding you having to pay double rent. Actually I won't charge you more than a few days if it even comes to that. Anything after a few days I would be responsible for."

    To me that looks very much like a written waiver of the 30 day notice requirement.

    - - - Updated - - -

    Quote Quoting SunDevil1212
    View Post

    I write contracts for a living so I fully understand that the email exchange between myself and the landlord was not executed in an agreement, and thus might not be enforceable. However, I don't understand the finer points of contract law, so I want to double check to see if anything about the email exchange and her promise to us could be deemed enforceable by a court, if I tried to press the issue. In this case, both parties effectively agreed to modify the terms of the lease, however, the actual amendment never happened of course. So I'm wondering if that carries any weight.
    I don't see it as an "agreement to modify", I see it as a "waiver."

    You might send her something in writing to remind her that she gave you a written waiver of the notice requirement and include a copy of her email.

    See how that goes.

    Unfortunately, if you've already paid March's rent, you aren't likely to get any of it back unless you go through the hassle of taking her to court.

  5. #5
    Join Date
    Dec 2012
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    1,026

    Default Re: Moving Out Prior to the End of the 30 Days Notice Period

    Wait a sec....

    " We cooperated completely and allowed her to show the apartment to multiple prospective tenants, with our furniture still inside and while we were still living there."

    "She clearly dragged her feet in finding a tenant".

    Sounds like you're talking out of both sides of your mouth. You complain that she shows your apartment to "multiple prospective tenants" (actually POSSIBLE tenants since you have to idea if they qualify for such), then you claim she "clearly dragged her feet finding a tenant".

    Perhaps all those "prospective" tenants showing up to beg apartments had lousy credit or eviction histories, were unemployed or poor choices for a landlord.

    Gail

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