60 day notice to vacate apt. Nail and mail question (San Francisco: 2013, renter)

[stormlight]

Our landlord just posted a 60 day vacate notice on our door.

According to this its called a nail and mail:

California Tenants - California Department of Consumer Affairs


My question is what if they do not mail the notice also? Does that mean its not valid. Other sites I have seen specific wording that the clock starts a few days after the post date on the mailed version.

They have posted a 60 day vacate notice on another renter a year ago. I asked this person as she was moving out if they ever sent a letter with the posting. They didn't.

If it is true that they must also send a letter what is to say they just claim they did if ever brought to trial. I dont see anywhere where it says it must be certified mail.


Here is posting and mailing from ca gov.

Posting and mailing - If the landlord can't serve the notice on you personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to you at the rental unit's address.292 (This service method is commonly called "posting and mailing" or "nailing and mailing.")

[Ultrarunner]

Obviously you are in receipt... are you trying to delay the move?

[zitsky]

It would be nice to know more of the backstory on this. Why is he asking you to move? Have you contacted a lawyer?

[stormlight]

Yes, I am in receipt. Yes, I am trying to delay the move. According to what I read I have grounds start the timer of 60 days only after the mail part of "nail and mail" is completed.

There is no back story. I assume they want to re-model our rental unit and rent it for a higher price as they did other units in the building. It is in their right to do that since we are month to month. However I believe it is in our right to not act upon their notice until it is served completely. When both parts are completed we will happily vacate 60 days after.

[California Vagabond]

If you're in San Francisco, you'll probably be interested in this column by attorney Dave Crow:

Tenant Troubles: A "Just Cause" Eviction Does Not Mean "Just 'Cause Your Landlord Said So" | SF Appeal: San Francisco's Online Newspaper

You also could seek advice from the San Francisco Tenants Union -- San Francisco Tenants Union.

If you're not in S.F., they might be able to direct you to resources elsewhere.

[stormlight]

East Bay, Moraga

[zitsky]

Originally Posted by stormlight

There is no back story. I assume they want to re-model our rental unit and rent it for a higher price as they did other units in the building. It is in their right to do that since we are month to month. However I believe it is in our right to not act upon their notice until it is served completely. When both parts are completed we will happily vacate 60 days after.

That's your back story right there. It makes a lot more sense if you explain you are month to month. I hope things work out in your favor.

[TVC15]

Originally Posted by stormlight

Yes, I am in receipt. Yes, I am trying to delay the move. According to what I read I have grounds start the timer of 60 days only after the mail part of "nail and mail" is completed.

There is no back story. I assume they want to re-model our rental unit and rent it for a higher price as they did other units in the building. It is in their right to do that since we are month to month. However I believe it is in our right to not act upon their notice until it is served completely. When both parts are completed we will happily vacate 60 days after.

Wow the self entitlement attitude of the renters in CA just astounds me. It is not your property and they are giving you 60 freaking days to move out. What part don't you understand about someone who owns the property asking you to move out within 60 days.

Also what type of tenant have you been? Maybe that is also a huge factor.

[mini_cute]

Originally Posted by stormlight

Yes, I am in receipt. Yes, I am trying to delay the move. According to what I read I have grounds start the timer of 60 days only after the mail part of "nail and mail" is completed.

There is no back story. I assume they want to re-model our rental unit and rent it for a higher price as they did other units in the building. It is in their right to do that since we are month to month. However I believe it is in our right to not act upon their notice until it is served completely. When both parts are completed we will happily vacate 60 days after.

The SF Rent Board can help you get informed about your rights as a tenant. You should contact them and ask, they will help you.

Here is a link to a page with all their contact info: San Francisco Rent Board : Contact Us

[stormlight]

@TVC15

Wow the assumption of some posters like you just astounds me. What part of asking a property owner to follow the law don't you understand?

The law states:

Posting and mailing - If the landlord can't serve the notice on you personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to you at the rental unit's address.292 (This service method is commonly called "posting and mailing" or "nailing and mailing.")

The current property owner who purchased it from the previous owner who we have been with for over 10 years has a number of legal infractions. These included intimidating seniors as well mentally handicap residents into moving out of property that could be rented at higher prices. (during mid lease) We want to hold such owner to the law and as I stated earlier will be more then happy to vacate when the law has been followed.