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Hi there I'm a tenant in California and I'm having some confusion.
I texted my landlord on Dec 15th the following message
"Hey LL just letting you know that I plan on moving out so this is pretty much my one month's notice. I'll be grabbing some little things as I go to/from work and I'll grab the big things either this weekend or next. I'll return the key once I've got everything out which should be pretty soon."
He responded to the message by saying that I couldn't move out, and that got settled with a conversation. I've since moved my things out (starting from about 2 weeks ago) and texted him today that I would be by to drop off the key, he responded by letting me know that he needs a written 30 day notice before I can move out.
I had read the lease and it seemed to lack any mention of a 30 day if leaving early (my text message was just as a courtesy), the lease states that...
"In the event the Tenant vacates the premises prior to the expiration of this lease, they (he/she) will be responsible for the rent until the premises is re-rented, or until the expiration of this Agreement, whichever occurs first, and for the payment of advertising expenses and the re-rental fee of $400 (half of one month's rent), to cover the cost to re-rent the premises. Landlord agrees to make a diligent effort to re-rent the premises. After the above expiration period this agreement becomes a month to month tenancy which, except as prohibited by law, may be terminated by the Tenant after service upon the Landlord of a written 30-day notice of termination of tenancy."
Do I need to provide another, written, 30 day notice or am I alright with just my text?
Are you in the original lease period or are you into the month to month portion? Either way you need written notice but returning keys likely is the notice. Text messages don't hold up as written notice most places.
I'm in the original lease period, too bad to hear about the text being a no-go.
Is the LL allowed to rent the room out as if I weren't on the lease? If so am I allowed to recoup the remainder of the month's rent as per the agreement? In addition is the early termination fee legal, or against California Civil Code 1951.2?
"Hey LL just letting you know that I plan on moving out so this is pretty much my one month's notice. I'll be grabbing some little things as I go to/from work and I'll grab the big things either this weekend or next. I'll return the key once I've got everything out which should be pretty soon."
How is that even any real notice? You texted your LL that you plan on moving out... pretty much your one month's notice... either this week or next... and that you'll return the keys pretty soon?
This was an early termination? How was your LL supposed to re-rent the place with that kind of notice?
Not only did you not give a written notice, you didn't give any notice at all. A 30 day notice must have firm move-out date. It isn't "maybe I'm moving and I'll be out whenever I am out".
Notice in writing means in writing, on a sheet of paper, not an email or a text message.
Also, you need to pay the re-renting fee of $400 and rent for the 30 day notice period, and rent until the apartment is re-rented. I can't see anything in your rental agreement that would even vaguely indicate that you don't have to give a notice before you move out.
By the way, you can move out any time you want to, but it is going to cost you money to do so.
LL in Ca here. I've been to court a few times with tenants - and every single time a tenant has tried to bring text messages into court - the judge has shut that down immediately.
California has started to accept email for limited communications. At this point, they do not accept text for anything. Even if you can show that there was an acknowledgement.
Test was fine BUT You needed to Follow up with a Written Notice by MAIL & to make sure he got it a Return Reciept Yes your Text didn't give a Firm date it was Maybe this maybe that! Text was like a Heads up Nothing else.
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