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Old 05-08-2013, 05:03 PM
 
1 posts, read 1,617 times
Reputation: 10

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In my rental agreement the landlord states that either party can break the lease 6 months after the lease date if they give 30 days written notice. However, our postman failed to deliver the certified letter to us within the 30 days. We had to go pick it up at the post office today - June 8th. The landlord thinks that because they sent it in time, we have to move out on June 4th when our next rent check would be due. They will not budge on this because they plan on moving into the location. They completely blindsided us. We have a baby and work full time. I started to look for places to rent and there is nothing within our price range. I have no idea how we will get packed and moved out (nor where we will even live at this rate) in less than 30 days now. This is in Contra Costa County - Lafayette. Everyone in San Francisco states that we have rights and that the landlord cannot do this; however, I can't find anything to quote back to the landlord. We have been ideal tenants and have always paid our rent on time. I realize that the landlords are old and ill, but still feel that they couldn't given us a little bit more time to prepare. I want to avoid legal action as I do not need any additional stress in my life. Any thoughts?
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Old 05-08-2013, 05:20 PM
 
9,542 posts, read 5,881,293 times
Reputation: 6455
If I'm understanding you correctly; you signed a lease five months ago, the lease says that either party can end the tenancy after six months with a 30 days notice; and the landlord served you a 30-day notice but it got stuck in postal and you received the letter a few days later than intended. Right?

I think the best you can hope for is that the delay in delivering the mail gives you the extra few days to make up for the full 30-day. The lease says landlord has a right to kick you out after six months with a 30-day notice and that's exactly what's happening. Nothing illegal about it.

I'd suggest you work something out with the landlord, maybe let you extend your stay by a month or two. Or perhaps the landlord can allow you to leave early if you can find a place to move into within 30 days. Summer is going to be crazy competitive, so best to avoid that period if you can.
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Old 05-08-2013, 06:29 PM
 
Location: San Francisco
434 posts, read 845,518 times
Reputation: 201
That sounds like a terrible situation to be in, with a baby and a full-time job. My sympathy won't help much, but you have it all the same.

You might get some helpful information on this blog:

Tenants Rights Blog

I gather that the law office that runs the blog, Crow & Rose, serves tenants throughout the Bay Area. They may be able to provide some feedback on your situation in Lafayette. I understand that you want to avoid legal action, but it still couldn't hurt to get expert information on your rights. If you're up the creek, they can tell you so.
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