30 days notice issues with landlord-Please help! (real estate, renters, credit)

[maychnsy00]

Hi all,

So I gave a verbal notice to my landlord last week, 11/04 when i handed her this month's rent, that I will be moving out by the end of the month. My lease ends at the end of this month. however, i forgot to give a written notice because of hectic work schedule and other honest excuses. Today, i got a call from my new property manager telling me that i've been approved. I called my landlord to give them the news. they said ok. but then called back and said i'll still have to pay rent for dec bc i failed to give a written notice

it's only been 8 days since i last spoke to her, telling her of the move. can i argue my way out of next months rent? if i were to give a notice today, it will be a 23 days notice. will that suffice? please help. i cannot afford the new place's rent and deposit PLUS my old place's rent...

thank you in advance!

[legal_eagle]

Yep, no harm trying to argue your way out of it. But the law is the law.

The California Civil Code sets forth all sorts of rules about how these issues are handled. You can probably find the rules with a quick Google search.

[maychnsy00]

thanks for your quick response!

this is what i researched online:



What if my lease requires that I give more than 20 days’ notice to vacate?

RCW 59.18.230 that tenants cannot sign away their legal rights under the landlord-tenant act in a rental agreement. Your contract may require 30 days’ notice or more, but it may be arguable that tenants can only be held to the 20 days notice legally required under state law in RCW 59.18.200. You may decide to give more notice, but only 20 days is required under the law. Though tenants do have an argument that the landlord does not have the legal right to require they give 30 days’ notice to vacate, you may not want to take the risk that your landlord will try to charge you for the following months’ rent. It may be best to give 30 days’ notice anyway, if possible, to avoid the chance that your landlord charges you rent for the following month and sends you to collections or Small Claims Court. Speak to an attorney for additional information and advice on your specific situation.


Can i use this ? about how tenants can only be held to the 20 days notice?

[JohnS_15]

Well I'd immediately send her written notification saying something like "Per our conversation on such and such a day, this will be by last month in tenancy here and I will be moved out by 30th of November. Thank you for blah blah blah". Ask them about move out procedures and all that stuff.

Not sure where you stand legally if they force the issue. Maybe you can get away with paying a pro-rated few days of the rent. So you pay through December 8th or whatever the 30 days gets you to?

Basically I've found over the years that if the landlord wants to they can just ********* for whatever they want out of the security deposit. If they want to force the issue then they will just take December rent out of your deposit. I certainly wouldn't pay them December rent in addition.

Hopefully they will be understanding and you'll be OK.

[maychnsy00]

Originally Posted by JohnS_15

Well I'd immediately send her written notification saying something like "Per our conversation on such and such a day, this will be by last month in tenancy here and I will be moved out by 30th of November. Thank you for blah blah blah". Ask them about move out procedures and all that stuff.

Not sure where you stand legally if they force the issue. Maybe you can get away with paying a pro-rated few days of the rent. So you pay through December 8th or whatever the 30 days gets you to?

Basically I've found over the years that if the landlord wants to they can just ********* for whatever they want out of the security deposit. If they want to force the issue then they will just take December rent out of your deposit. I certainly wouldn't pay them December rent in addition.

Hopefully they will be understanding and you'll be OK.

thank you for being thorough! I think I've a better understanding of how to deal with this. I feel quite positive about it now thank you thank you!

[reenzz]

Originally Posted by maychnsy00

thanks for your quick response!

this is what i researched online:



What if my lease requires that I give more than 20 days’ notice to vacate?

RCW 59.18.230 that tenants cannot sign away their legal rights under the landlord-tenant act in a rental agreement. Your contract may require 30 days’ notice or more, but it may be arguable that tenants can only be held to the 20 days notice legally required under state law in RCW 59.18.200. You may decide to give more notice, but only 20 days is required under the law. Though tenants do have an argument that the landlord does not have the legal right to require they give 30 days’ notice to vacate, you may not want to take the risk that your landlord will try to charge you for the following months’ rent. It may be best to give 30 days’ notice anyway, if possible, to avoid the chance that your landlord charges you rent for the following month and sends you to collections or Small Claims Court. Speak to an attorney for additional information and advice on your specific situation.


Can i use this ? about how tenants can only be held to the 20 days notice?

That is a Washington State law....NOT a California law. In CA, you are required to give a written 30 days notice to vacate.

[legal_eagle]

Originally Posted by reenzz

That is a Washington State law....NOT a California law. In CA, you are required to give a written 30 days notice to vacate.

Yup ... as I said above, California Civil Code would probably be helpful.

[shroom]

Check your occupancy agreement - is it a lease or a month-month tenancy? Then consult with a CA real estate lawyer. Different laws control if your occupancy is pursuant to a lease vs. a month-month tenancy.

A lease is a tenancy for a defined period of time. The lease expires when that time expires, and notice of its termination is generally not required because the lease automatically ends on the last day of its stated term.

A month-month tenancy does require notice of termination because the nature of a month-month tenancy is that of a continuous occupancy until landlord or tenant takes an affirmative step to terminate it.

[Lyndarn]

Originally Posted by maychnsy00

Hi all,

So I gave a verbal notice to my landlord last week, 11/04 when i handed her this month's rent, that I will be moving out by the end of the month. My lease ends at the end of this month. however, i forgot to give a written notice because of hectic work schedule and other honest excuses. Today, i got a call from my new property manager telling me that i've been approved. I called my landlord to give them the news. they said ok. but then called back and said i'll still have to pay rent for dec bc i failed to give a written notice

it's only been 8 days since i last spoke to her, telling her of the move. can i argue my way out of next months rent? if i were to give a notice today, it will be a 23 days notice. will that suffice? please help. i cannot afford the new place's rent and deposit PLUS my old place's rent...

thank you in advance!

Your lease is up..you handed in your check for final month on the lease ..why you didn't write on the check "FINAL PAYMENT" on lease signed ____whatever date..is beyond me..BUT since as many have suggest is up..!! Unless the Landord comes to YOU to renew..or extend the lease ( which should have occurred months back to be fair for both you and them) ..It's their problem..NOT yours!! But you still have more than 2 weeks to send WRITTEN notice!! double down..and include request for credit for your "Last month" deposit ..and make sure you document your home before you move out!! Landlords ( Unscrupulous ones anyway) are known for causing damages..only to bilk renters out of that!!

Best of luck..plan your move..and move on!! A lease is a lease..They cannot hold you beyond that contract as responsible....Short~~ They goofed!!