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DebSchowalter
Nov 1, 2009, 08:36 PM
An Australian woman saw my ad for a vacancy in a duplex in San Diego CA about six months ago. I said she could rent, but that notice to vacate would be a sixty day notice, the rest of the terms were standard. She said okay, deposited money, came to CA, moved in and loved the place. She wanted a long lease, I said no, we are fine with the terms we came up with in the e-mail exchanges. She then gives 30 "actually 35" day notice, I send the e-mail from before she agreed to rent, she says that is not in writing, she only has to give thirty day notice. I suggest she read the Nolo Landlord Tenant book or go to Kick'em out to get legal advice. I note that it is simple contract law, offer, acceptance...she moved in, didn't even try to change that term. She's been there less than a year, so the statute of frauds doesn't apply, etc. She goes to a SD lawyer, grad of Western State in 1981, who sends me a letter saying gee, I'm all wrong, she only has to give 30 day notice, there is no statutory obligation for a tenant to give more than 30 day notice. I'm flabergasted. This is not a "statutory" situation to fall back on, I made an offer, she accepted. Where am I going wrong on this thinking? I live far away and am swamped so really need the 60 day notice. She'll haul me out to small claims court, then back and forth and back and forth. Should I just file and sue when she pays short rent this month based on her 30 day notice? How can I convince her to play fair? Thanks.