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  1. #1
    Join Date
    Sep 2005
    Location
    Los Angeles
    Posts
    1

    Default Lease ends end of month, whats the require notice time?

    We have been living in this house in Los Angeles for 3 years. We signed a year lease then after that year we signed a 2 year lease. We got a letter in an unmarked envolpe with no stamp on it not addressed to anyone that had a letter stating that our lease is up and he's giving us our 30 day notice.
    1. is giving the notice in an unmarked non-addressed envolope legal? What if we had thrown it out with out opening it (which we almost did)

    2. If the lease ends Sept 30, and today is Sept 3, does he give us 30 days after the lease ends or from when we get the letter?

    3. I heard that you get a grace period of 30 days so a totaly of 60 days is required when on a lease

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

    Default Re: Lease ends end of month, whats the require notice time?

    Quote Quoting ludicrousman
    1. is giving the notice in an unmarked non-addressed envolope legal? What if we had thrown it out with out opening it (which we almost did)
    If you did not receive the notice, you would presumably contest your landlord's effort to conclude your tenancy on the basis of improper notice. As it stands, that defense appears to remain open to you.

    The notice is ordinarily supposed to be served in one of three ways - personal service (i.e., the notice is handed to you), substituted service (i.e., you are unavailable, and the notice is served upon somebody of "suitable age or discretion" at your home or place of work, while also mailing a copy to you; or "posting and mailing" (i.e., a copy of the notice is posted on the door of your rental unit, and another copy is mailed to you). In the first case, notice is effective when you are served. In the latter cases, it is effective when all required steps have been taken (including depositing the notice into the mail). A thirty or sixty day notice may also be served by certified or registered mail, return receipt requested.

    If you wish to contest the notice, you may wish to consult with a local real estate lawyer about the rights that inure to you as the recipient of improper notice.

    Quote Quoting ludicrousman
    2. If the lease ends Sept 30, and today is Sept 3, does he give us 30 days after the lease ends or from when we get the letter?
    The operative day is probably the day service was complete, not necessarily the day you received it. Granted, that could be the same day. And in this circumstance, it appears that proper notice has not technically been given.

    Quote Quoting ludicrousman
    3. I heard that you get a grace period of 30 days so a totaly of 60 days is required when on a lease
    Where you have been in a residence on a periodic tenancy (e.g., a month-to-month tenancy") of a year or more, the landlord must ordinarily give 60 days notice. That would apparently not apply to your situation, as you were residing in the premises pursuant to a 2 year lease.

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