60 day notice but then they accepted rent for after date ?

What is the name of your state? California we got a 60 day notice but then they acceped our rent for a period after the date they asked us to move ? Is 60 day notice void - do they have to start all over and send a new 60 day notice - heeellpp please thanks

What was the 60 day notice for? If it was to move, then it is just giving you 60 days form the time of notice to be out, but does not mean that you do not have to pay rent for those 60 days. You still have to pay rent up until the day you have vacated the unit. The lanlord most certainly can accept rent from you. You might be thinking of a 3 day notice to pay rent or quit, in which case, their accepting rent from you would make the notice null & void and they would have to start the process all over again.

Hope this helps!

Um... To tell you the truth, I do not think they need to start over. They can return the rent to to you. If you had been delinquent and had given partial payment they could still start eviction. That is the closest I could get to what the law says to addressing this kind of situation. But then I have not had my Coffee yet... Sorry.

At least I bumped you up. Others may reply.

I think the most you may be able to negotiate for is thirty days. You were a month to month tenant, Yes?

This may be worthless advice , as I don't know CA. laws , But in My state if the LL accepts a certain months rent , A court will not order you out for that month , even though you owe past rent .

The LL would have to sue for back rent in small claims court , and give you proper eviction again .

You may want to see , if this is the same in CA.

No , it was a 60 day notice to vacate tenancy ( for no reason)

Then they accepted our rent thru May 15th ? She called us they needed to sell unit we sed we could be out by Augst 1st but that was not good enuf.... so they sent us the 60 day. She sent us a reference letter that states we paid our rent on time and we were being kind enough to leave early so they could sell the unit - ? I dont get it now we find out she sold it to the husband it was hers to sell - we checked public records

notice was to leave may 8th but they accepted rentthru may 15th ??

Dontthey have to start all over with another notice ?

D'Artagnen said:

Dontthey have to start all over with another notice ?

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If the unit was sold after the owner gave you the 60 day notice then it is void as the owner of record has to be the one who gives notice.

Are you a month to month renter or do you have a lease?

If you have a lease and they want you out early then I would negotiate a settlement to leave early such as them giving you part of your moving expenses. I would not voluntarily break the lease early without some kind of compensation from the owner. If they want you out bad enough they will pay it. If you are a month to month renter then the new owner has to now send you another 60 day notice. And yes he can collect rent while he is waiting on the 60 days to expire.

Jeeze, I can't believe the CRAPPY and incorrect answers you got!!

Yes you have to continue paying rent for the full 60 days. Their giving you notice to terminate your tenancy in 60 days is just that. It is NOT a 'free rent' card.
And their accepting rent from you during that time does not 'refresh or waive' that notice to terminate!!

Sorry I must not be clear enough - we paid rent for time during notice but

We sent all rents for thosedays AND some for after that date which they DID NOT return ? I .E. Asked us out by May 8th they accepted rent THROUGH May 15th Since that is past the date and they did not refund overage Doesnt that negate/delete/waive the 60 day notice ??

D'Artagnen said:

We sent all rents for thosedays AND some for after that date which they DID NOT return ? I .E. Asked us out by May 8th they accepted rent THROUGH May 15th Since that is past the date and they did not refund overage Doesnt that negate/delete/waive the 60 day notice ??

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Possibly... but I doubt that a court would 'buy' your argument.
In any case, since that was two weeks ago, isn't it al moot??? Are you still there?? Have you paid the rent through current??

I did not think you were delinquent. I believe you were saying that you handed them a rent check for some for after the date that the 60day notice was supposed to be expired.

I was referencing the fact that the handbook:
http://www.dca.ca.gov/legal/landlordbook/ That IF IF IF you were in a different situation the landlord can accept rent and evict. You are NOT in that situation but that is the closest scenario that we could get too. I am sorry I Was not clear...( If you listen to some of my "fans" around here I sometimes do that. )
There is nothing that talks about what they have to do about notices. Blonde lebonese has a New York State of mind and was kind enough to give his two sense but it is a whole different coast and NO... we are not as tenant friendly out here.

The handbook ( based on the civil code that I also looked at... boring) Does not say anything about having to start all over with another notice if they DO accept the rent. I was asking if you are month to month. IF you answer that ( And I do believe that is true.. and they did not have to give you 60days after 010106...) Then the only thing you can ask for is an extension.

The place is sold to the husband, you are a hold over tenant ( again if you are month to month) And I do believe they can start eviction on you.
Someone mentioned that then new owner might have to give you a notice... well if you are to be evicted as a hold-over... yes that onerous situation will have to pass on to them and anything you do to delay moving will as well... but you do not want that on your record.

Call someone one if these "crappy answers" are not getting you anywhere.

I did not think you were delinquent. I believe you were saying that you handed them a rent check for some for after the date that the 60day notice was supposed to be expired.

I was referencing the fact that the handbook:
http://www.dca.ca.gov/legal/landlordbook/ That IF IF IF you were in a different situation the landlord can accept rent and evict. You are NOT in that situation but that is the closest scenario that we could get too. I am sorry I Was not clear...( If you listen to some of my "fans" around here I sometimes do that. )
There is nothing that talks about what they have to do about notices. Blonde lebonese has a New York State of mind and was kind enough to give his two sense but it is a whole different coast and NO... we are not as tenant friendly out here.

The handbook ( based on the civil code that I also looked at... boring) Does not say anything about having to start all over with another notice if they DO accept the rent. I was asking if you are month to month. IF you answer that ( And I do believe that is true.. and they did not have to give you 60days after 010106...) Then the only thing you can ask for is an extension.

The place is sold to the husband, you are a hold over tenant ( again if you are month to month) And I do believe they can start eviction on you.
Someone mentioned that then new owner might have to give you a notice... well if you are to be evicted as a hold-over... yes that onerous situation will have to pass on to them and anything you do to delay moving will as well... but you do not want that on your record.

Call someone else if these "crappy answers" are not getting you anywhere.

Actually we are the people lease signed showing beginning DEc 2005 ....

And they gave us 60 day notice we paid our rent on time and from 15th to 15 of ea month When they asked us to be out May 8th yet cashed out check for rent thru the 15th and now they are evicting us ? Am I correct in thinking 1: Lease is valid sine it starts on DEc 2005 2: If she owned and she sent 60 day notice but sold it to husband during the 60 day period doesnt he have to give us 30 days to start as hold-over tenant AND Since they accepted our rent doesnt that mean we have paid to be here and they have negated their 60 day notice ? Thanks eveyone for your help !

Sorry You are confusing the help.

How are the other three musketeers? Not Drinking and whoring I hope?

Look... You got the 60 day why did you not prepare? What are you hoping for? a pardon from the governator?

You need to MOVE>>>>

D'Artagnen said:

And they gave us 60 day notice we paid our rent on time and from 15th to 15 of ea month When they asked us to be out May 8th yet cashed out check for rent thru the 15th and now they are evicting us ?

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This is your story.... I am assuming you are telling it correctly... so don't understand your question mark at the end (unless you are a valley girl or from Canada).

Am I correct in thinking 1: Lease is valid sine it starts on DEc 2005

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No one can even guess whether a lease is valid or is still in effect unless we read it. However, from your post, it APPEARS that she is taking the proper steps to evict.

2: If she owned and she sent 60 day notice but sold it to husband during the 60 day period doesnt he have to give us 30 days to start as hold-over tenant

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No. He could very easily have assumed the notice to terminate.

AND Since they accepted our rent doesnt that mean we have paid to be here and they have negated their 60 day notice ?

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No. It only means that they accepted too many days rent. Very likely that when you raise this issue during the eviction hearing, they will offer (or court will order) that they return the overpayment or apply it to damages.

The bottom line here is that the landlord feels they are in compliance, you disagree. If you refuse to leave voluntarily, their next step is to file an 'unlawful detainer' lawsuit against you. The court will then hear the facts... and rule.