Ask Experts Questions for FREE Help!
Answer   ||    Advanced Search

Ask your question or search...
International Sites: Nederlandse experts vragen
User Name 
Password 
Join   Forgot password? 

Home > Law > Real Estate Law   »   E-mail saying you can rent if but must give 60 day notice to quit, enough?

Question
 
 
#1  
Old Nov 1, 2009, 08:36 PM
DebSchowalter
New Member
DebSchowalter is offline
 
Join Date: Nov 2009
Posts: 1
DebSchowalter See this member's comment history on his/her Profile page.
E-mail saying you can rent if but must give 60 day notice to quit, enough?

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.

Reply With Quote
 
     


Your Answer
Email me when someone replies to my answer
Join Login



Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes
Ask your question or search...



Similar Threads
notice to pay rent or quit in Pa
(1 replies)
Can a Landlord give me a 3-Day notice plus a 30 Day notice to quit all at once?
(3 replies)
Does 3 day Pay rent or quit notice include only rent?
(2 replies)
3 Day Notice To Pay Rent or Quit
(2 replies)
Pay rent or quit notice
(4 replies)

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Search this Thread

Advanced Search

Bookmarks





Copyright ©2003 - 2009, Ask Me Help Desk.
All times are GMT -8. The time now is 08:42 AM.