+ Reply to Thread
Results 1 to 10 of 10
  1. #1
    thomasnorman is offline Junior Member
    Join Date
    Aug 2009
    Posts
    2

    Giving less than 30 days notice to leave?

    What is the name of your state (only U.S. law)?

    I live in California, and I have had several problems with my apartment. Mainly mold on the walls, and have been living with it for years. Just recently, I have seriously been thinking about moving, and I don't want to give 30 days notice, because I would have to pay another month's rent if I did. I was reading on [url=http://www.caltenantlaw.com/Habitability.htm]California Tenant Law - Non-profit legal advice for California renters' rights[/url] a section of california civil code 1942 that I should be able to get out whenever I want to.

    "Normally, you have to give 30 days' notice to end a monthly tenancy. Where the place is uninhabitable in any respect, the law allows you to move without any notice, under Civil Code 1942. You don't have to tell the landlord about the conditions, or give him a chance to fix them. The landlord has a sudden vacancy, losing money, and has to fix everything; to the Legislature, it's poetic justice. The defects don't have to be serious, and you may not even care about them. You can use them as an excuse to legally end your lease if you got a job transfer, can't afford it, are getting a divorce, or other reasons."

    A quote from the website. Is this accurate? What would the implications be if I just wrote a note and up and left? (Keep in mind, there is a lot of mold!) I'm also hoping the fact that I have taken so long to say anything about it would hurt me.

    It's a long story, but I actually have brought it up before, (No way to prove it though) with the old apartment manager. he just said to open the windows more often, and did nothing. Now we have new management, and I just want to know what problems i might run into?
  2. #2
    Cvillecpm is offline Senior Member
    Join Date
    May 2001
    Location
    Central VA
    Posts
    4,552
    You can certainly leave; however, your landlord can hold you to 30 days of rent, utility costs, etc.
  3. #3
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,398
    If you have been "living with it for years", then it will be pretty hard for you to show that the place is uninhabitable. You must give the notice, you can move whenever you want but you owe the 30 days of rent regardless.
  4. #4
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    Quote Originally Posted by thomasnorman View Post
    A quote from the website. Is this accurate?
    No.

    Here is the ACTUAL Code you referenced:
    1942. (a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any
    12-month period.

    (b) For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.

    (c) The tenant's remedy under subdivision (a) shall not be available if the condition was caused by the violation of Section 1929 or 1941.2.

    (d) The remedy provided by this section is in addition to any other remedy provided by this chapter, the rental agreement, or other applicable statutory or common law.


    What would the implications be if I just wrote a note and up and left?
    You could be found liable for the landlords damages (unpaid rent for the duration of your lease, if any, or for the minimum required notice to terminate an 'at will' tenancy).
  5. #5
    Cvillecpm is offline Senior Member
    Join Date
    May 2001
    Location
    Central VA
    Posts
    4,552
    1942 is the CA repair and deduct statute....which you should use INSTEAD of attempting to break your lease.
  6. #6
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    52,724
    Quote Originally Posted by Cvillecpm View Post
    1942 is the CA repair and deduct statute....which you should use INSTEAD of attempting to break your lease.
    ...as was pointed out 4 hours prior to your post.
  7. #7
    CA LL is offline Senior Member
    Join Date
    Mar 2007
    Posts
    1,098
    Interesting responses...it is correct that the statute quoted above MUST be followed. Vacating the unit IS one of the options IF all other rules in that statute ahave been followed however hence the QUOTE: .....or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent,
  8. #8
    thomasnorman is offline Junior Member
    Join Date
    Aug 2009
    Posts
    2
    Well I'm no lawyer, and you guys know better than I do, but couldn't I say something along the lines of "I didn't know I could do this. I wasn't informed of my rights." Or something along those lines? I mean, it's true! Nobody told me I could do anything about it! I just pondered leaving and came across that law. You still think it would be difficult?

    The thing I quoted makes it sound like I don't even have to care, and I can just up and leave. I mean, mold is a serious health condition! I go to work every morning hawking up phlem for the first 2 hours I'm there. Sure it would be hard to prove it's because of the mold, but I don't know if that will matter.

    Worst case scenario, I'll pay the month's rent, but I'll do everything in my power to get the managers to fix the problem, which will cost them thousands of dollars.
  9. #9
    Msesmer is offline Junior Member
    Join Date
    Aug 2009
    Posts
    17
    Quote Originally Posted by thomasnorman View Post
    Well I'm no lawyer, and you guys know better than I do, but couldn't I say something along the lines of "I didn't know I could do this. I wasn't informed of my rights." Or something along those lines? I mean, it's true! Nobody told me I could do anything about it! I just pondered leaving and came across that law. You still think it would be difficult?

    The thing I quoted makes it sound like I don't even have to care, and I can just up and leave. I mean, mold is a serious health condition! I go to work every morning hawking up phlem for the first 2 hours I'm there. Sure it would be hard to prove it's because of the mold, but I don't know if that will matter.

    Worst case scenario, I'll pay the month's rent, but I'll do everything in my power to get the managers to fix the problem, which will cost them thousands of dollars.
    I have the same problem. Not that long though.

    From what i understand after reading civil codes 140-155 word for word is that if after you give notice they fail to have it fixed (within 35 days) then you can leave and not be held liable for the remainder of your lease. best thing to do is have them cited by the department of housing and THEY give them 35 days as reasonable time to fix it. Then you can break the lease.
  10. #10
    Alaska landlord is offline Senior Member
    Join Date
    Feb 2007
    Posts
    4,095
    Quote Originally Posted by thomasnorman View Post

    Worst case scenario, I'll pay the month's rent, but I'll do everything in my power to get the managers to fix the problem, which will cost them thousands of dollars.
    Better hope it is not determined that you are the cause of the mold problem. I've had a few cases where the tenant did not alert me that the exhaust fan in the bathroom was out of order and after many months of no ventilation mold and mildew had set in. This is tenant neglect and as such would come out of the deposit.

Similar Threads

  1. last months rent -use when giving 30 days notice?
    By monkeefan in forum Landlord / Tenant Issues
    Replies: 2
    Last Post: 06-11-2011, 04:09 PM
  2. Giving 30 days notice
    By moonduste in forum Landlord / Tenant Issues
    Replies: 1
    Last Post: 03-16-2008, 06:32 PM
  3. I'm giving my tentant her 30 days notice to vacat on her first day!!!
    By mschefv in forum Landlord / Tenant Issues
    Replies: 8
    Last Post: 02-02-2008, 10:27 PM
  4. Leaving w/o giving thirty days notice
    By missxthe3rd in forum Landlord / Tenant Issues
    Replies: 3
    Last Post: 04-01-2007, 10:10 PM
  5. Giving 30 days notice.
    By MPSSGT in forum Landlord / Tenant Issues
    Replies: 3
    Last Post: 03-04-2007, 01:17 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.