Ask Experts Questions for FREE Help !
Ask
    tenfour57's Avatar
    tenfour57 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Dec 18, 2007, 12:36 PM
    60 days notice to vacate
    Hi,
    We own a home which we have leased to tenants. The lease states leasor needs to give 60 days notice to vacate. We wrote a letter, giving them the 60 days notice and sent it registered mail. Turns out they were on a two week vacation and didn't receive the notice until they returned. Now, they have hired a lawyer to give her "opinion" that they have 60 days from the date they Received and SIGNED for the notice letter. Where do we go from here when the lease is vague and doesn't specify "when received". We really need to get them out before the day they are wishing to stay, in order to make repairs and sell the home.

    Thanks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Dec 18, 2007, 12:43 PM
    Frankly, this is a sticky one. I'm not sure how a court will rule on it. But if it goes to court it may be too late anyway. Two weeks shouldn't make that big a difference, but you might offer some financial incentive to move by your date.
    tenfour57's Avatar
    tenfour57 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Dec 18, 2007, 12:53 PM
    Thanks, Scott. However, look at the question "30 days notice in TX". Very similar issue and you said that it was the postmark date that was important. Please explain. Thanks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Dec 18, 2007, 01:14 PM
    I think the postmark date is more important. But a judge might not. Either way to get a judge's ruling would require more time. Since you need them out by a certain date and they aren't balking at moving, just at when, the issue might be made moot.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

California 60 Day Notice to Vacate [ 1 Answers ]

I am on disability and have lived in the mobile home park for nearly nine years. I ALWAYS paid my rent on time, up until the delivery of my checks was changed (3 yrs ago), from the 1st to the 14th. Since that time, I have paid my rent in the middle of the month, ALWAYS including all late charges,...

Landlord Requireing 60 day notice to vacate on Month to Month Lease [ 5 Answers ]

I've lived in this apartment for 4 years. For the past year we have been going month to month, as we anticipated we might need to move out when we purchased a condo. Well, we got the condo, and now need to close in 1 month, yet the management in our apartment complex tells us we need to give...

When do I vacate a house in California after a foreclosure notice was given [ 1 Answers ]

Hi, Please adv when should I vacate my house here in California after a foreclosure notice is given ? Tks/Dinah

Notice of motion to vacate judgment in small claims [ 4 Answers ]

I need to find out How to file a notice of motion to vacate a small claims judgment. Where do I get the form? Is one available on line? I was served with papers on a case. I called to reschedule. I was told fine it would be reschuled. I come back from vacation and I have a judgmnt agaiinst ...

Need to give 60 days notice, but rent is increasing in thirty days [ 3 Answers ]

I have rented the condo I am in now for over two years. After the initial lease term of one year, I went on a month-to-month basis. I am required to give 60 days notice prior to vacating the property. My landlord notified me at the end of this month (february) that the rent would be...

View more questions Search