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    mjparra's Avatar
    mjparra Posts: 2, Reputation: 1
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    #1

    Feb 26, 2010, 02:52 PM
    Vacate letter
    Please HELP! My 1 year lease was up on Feb. 6, 2010, I reveived a phone call from my landlord on Feb 4, 2010 telling me that he sent out a 30 days notice to vacate due to personal issues (which I received notice on February 7, 2010). Per landlord, he will give me very good reference being that he has never had an issue with me or my rent. I explained to landlord I needed more than 30 days. My wife was laid off last month and I have a child. I also told him it would have been nice if he would have given me 60 day notice. Per landlord there is no such rule on more than 30 days vacate notice. We live in Whittier, California. Please Help with information on timely noticess. Thank You
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 26, 2010, 06:27 PM

    What is the notice requirement in the lease ? Although the payment goes to a month to month, normally notification and other rules still in effect.

    But 30 days is a normal and common, if you don't move, he can file for a eviction in court, and there you will have to prove to a judge why you need more time.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Feb 26, 2010, 06:39 PM

    As Chuck said, 30 days is common. Unless the lease requires more. In CA, the 30 days is calendar days so you have to vacate by 3/9
    mjparra's Avatar
    mjparra Posts: 2, Reputation: 1
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    #4

    Feb 26, 2010, 06:58 PM

    Thank you for your help!!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Feb 27, 2010, 08:33 AM
    Quote Originally Posted by mjparra View Post
    Please HELP!! my 1 year lease was up on Feb. 6, 2010, I reveived a phone call from my landlord on Feb 4, 2010 telling me that he sent out a 30 days notice to vacate due to personal issues (which i received notice on Febuary 7, 2010).
    Hello m:

    It may very well be that your lease AND California law only requires a 30 day notice...

    Nonetheless, in real estate matters, notice NEEDS to be in writing. Given than you received your WRITTEN 30 day notice to vacate AFTER the present rental period started, the notice applies to the NEXT full rental period which starts March 6. That would mean you would complying with the notice by departing by April 5.

    This notification of yours too needs to be in writing, and I'd send it certified, return receipt requested. Include March's rent. If you feel that he's NOT going to give you a good reference by doing what I suggest, you could mention that you ARE complying with the lease and the law, and if he were to say otherwise, he could expect to be sued.

    excon

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