What is the name of your state (only U.S. law)? California
In Los Angeles, I share my two-bedroom apartment with a man to whom I sub-let my spare bedroom, pursuant to an oral month-to-month rental agreement. Our apartment building is not subject to the local rent control ordinance.
The sub-tenant has resided in my apartment for only 4 months. On November 2, 2012, I left him a notice to vacate; but he still remains.
The notice contained basically the following text:
____
November 2, 2012
To (His name here),
Please vacate the premises by November 30, 2012.
William C...
_____
Does the above writing suffice as valid 30-Day Notice to Terminate Tenancy, upon which I can base an unlawful detainer action?
1. I did not use a third-party to serve him with that notice; I merely left the notice on kitchen table for him to pick up.
2. I did not sign it; I only typed my name at the end.
3. I did not specifically identify the premises which I required him to quit and surrender, i.e., the full address and apartment number of the premises.
4. The notice only provided him with 28 days to move, not thirty. But, now it's December 26 and more than 30 days has passed since I left him the notice.
____
California Civil Code §1946
A hiring of real property, for a term not specified by the
parties, is deemed to be renewed as stated in Section 1945, at the
end of the term implied by law unless one of the parties gives
written notice to the other of his intention to terminate the same,
at least as long before the expiration thereof as the term of the
hiring itself, not exceeding 30 days; provided, however, that as to
tenancies from month to month either of the parties may terminate the
same by giving at least 30 days' written notice thereof at any time
and the rent shall be due and payable to and including the date of
termination.
____
California Civil Code §1946.1
(a) Notwithstanding Section 1946, a hiring of residential
real property for a term not specified by the parties, is deemed to
be renewed as stated in Section 1945, at the end of the term implied
by law unless one of the parties gives written notice to the other of
his or her intention to terminate the tenancy, as provided in this
section.
(b) [¶] ... [¶]
(c) Notwithstanding subdivision (b), an owner of a residential
dwelling giving notice pursuant to this section shall give notice at
least 30 days prior to the proposed date of termination if any tenant
or resident has resided in the dwelling for less than one year.
[¶] ... [¶]
____
In Los Angeles, I share my two-bedroom apartment with a man to whom I sub-let my spare bedroom, pursuant to an oral month-to-month rental agreement. Our apartment building is not subject to the local rent control ordinance.
The sub-tenant has resided in my apartment for only 4 months. On November 2, 2012, I left him a notice to vacate; but he still remains.
The notice contained basically the following text:
____
November 2, 2012
To (His name here),
Please vacate the premises by November 30, 2012.
William C...
_____
Does the above writing suffice as valid 30-Day Notice to Terminate Tenancy, upon which I can base an unlawful detainer action?
1. I did not use a third-party to serve him with that notice; I merely left the notice on kitchen table for him to pick up.
2. I did not sign it; I only typed my name at the end.
3. I did not specifically identify the premises which I required him to quit and surrender, i.e., the full address and apartment number of the premises.
4. The notice only provided him with 28 days to move, not thirty. But, now it's December 26 and more than 30 days has passed since I left him the notice.
____
California Civil Code §1946
A hiring of real property, for a term not specified by the
parties, is deemed to be renewed as stated in Section 1945, at the
end of the term implied by law unless one of the parties gives
written notice to the other of his intention to terminate the same,
at least as long before the expiration thereof as the term of the
hiring itself, not exceeding 30 days; provided, however, that as to
tenancies from month to month either of the parties may terminate the
same by giving at least 30 days' written notice thereof at any time
and the rent shall be due and payable to and including the date of
termination.
____
California Civil Code §1946.1
(a) Notwithstanding Section 1946, a hiring of residential
real property for a term not specified by the parties, is deemed to
be renewed as stated in Section 1945, at the end of the term implied
by law unless one of the parties gives written notice to the other of
his or her intention to terminate the tenancy, as provided in this
section.
(b) [¶] ... [¶]
(c) Notwithstanding subdivision (b), an owner of a residential
dwelling giving notice pursuant to this section shall give notice at
least 30 days prior to the proposed date of termination if any tenant
or resident has resided in the dwelling for less than one year.
[¶] ... [¶]
____
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