3 day vacate notice.

[Brumby]

California.

My fiance's housemate drew up a termination of lease agreement on the 20th May and demanded he sign it, which he did.

The termination stated they would both vacate the premises by the 20th June, 2009. This was a month to month lease as they continued to rent the premises after the lease had expired.

The housemate has been staying at her boyfriend's place and rang to say she had received a 3 day vacate notice from the landlord. My fiance who's name is also on the original lease has not received such a notice and believes it is a ploy by his housemate to get him to vacate the premises before the agreement of 20th June.

Can a Landlord serve a 3 day vacate notice after a termination of lease has been submitted? and if so, shouldn't all persons whose names are on the lease be notified?

Thank you

 

[FarmerJ]

Is this a sublet ?

 

[sandyclaus]

What does the 3-day notice say??

California.

My fiance's housemate drew up a termination of lease agreement on the 20th May and demanded he sign it, which he did.

The termination stated they would both vacate the premises by the 20th June, 2009. This was a month to month lease as they continued to rent the premises after the lease had expired.

The housemate has been staying at her boyfriend's place and rang to say she had received a 3 day vacate notice from the landlord. My fiance who's name is also on the original lease has not received such a notice and believes it is a ploy by his housemate to get him to vacate the premises before the agreement of 20th June.

Can a Landlord serve a 3 day vacate notice after a termination of lease has been submitted? and if so, shouldn't all persons whose names are on the lease be notified?

Thank you

For California, a 3-day notice is given for 2 basic reasons: non-payment of rent or a breach of the terms of the lease (such as having additional unauthorized occupants, subtenants, or causing a nuisance). This kind of notice is given to allow the tenant 3 days to "cure" the default in rent or other breach, and reinstate the tenancy upon doing so.

The question to OP is what kind of 3-day notice was given? And the notice is generally given to all person(s) listed on the lease and "All Occupants" to cover the unknown occupants.

Yes, the LL can serve a 3-day notice even when a termination notice has been given by the tenants. This is his way of protecting himself legally in the event that the tenants should change their minds about vacating when they say they will. Especially if the reason for the 3-day notice given has not been corrected or cured before tenants decide to vacate.

 

[Brumby]

Thank you for your reply.

I personally would doubt the 3 day notice is actually in existence due to the fact that the rent is owed on the 3rd of each month, and it is not the 3rd yet, also our belief that the notice, if in existence, somehow magically found it's way to her boyfriend's address (which is not either tenant's legal address), instead of the address of the rented premises and the fact that only 1 tenant appears to have received this notice and not both.

Thanking you again for your swift reply.

 

[Brumby]

Update:

The 3 day vacate notice was verified over the phone by the LL, however, was not physically sighted.

My fiance moved out within the 3 days. The LL kept in touch via phone asking if the other housemate had moved her belongings... she hadn't.

The housemate did not move her belongings out until the 19th June (we saw the moving truck when we drove by to check on things).

What we are now confused about is, if the LL gave a 3 day vacate because the housemate refused to pay the rent, how is it that the other housemate was able to leave her belongings until the day before the original termination date of 20th June? She 'claimed' to not have the rent money and had basically 'abandoned' the premises.

We are now wondering about the deposit return. Messages have been left for the LL, but not returned. My fiance originally paid the whole deposit and the housemate was supposed to have paid him back but never did, but to avoid a fight he agreed 'in writing on the termination letter' to take half. He has not been advised of a final walk through day/date to inspect the premises after the housemate 'finally' removed her belongings and has yet to return any calls.

Any advice would be appreciated.

 

[Cvillecpm]

Yes - the landlord should have gotten the 30 day written notice NOT the roommates and the rent needs to be paid

 

[Brumby]

The Landlord did receive the termination of lease and confirmed same over the phone, but issued the 3 day vacate after the termination of lease was submitted as the room mate did not pass on the rent. My fiance did not receive the 3 day vacate himself, nor got to sight the one the LL said they issued to the other housemate.

He moved out in the 3 days, however the other housemate did not move until the day before the originally advised termination date. Is he still entitled to his half of the deposit under the circumstances considering he left when requested yet the housemate did not.

As previously stated, there has been no communication between my fiance and the LL as the LL refuses to return his calls.

 

[HuAi]

Your landlord will inspect the premises and compute any damages. He will add the amount of the missing rent to the damages, and withold that sum from the security deposit. If the security deposit is not sufficient to cover damages + missing rent, he will sue either or both tenants for the difference.

If the security deposit exceeds damages, he will return a check to one of the tenants, and it is up to them how to split it. Normally, everyone contributes and withdraws from the SD according to their fraction of the lease (50-50) in this case.

Since your fiancee fronted the entire SD, but both tenants are responsible for damages, your fiancee would normally receive the SD back and then have to recover half of the damages + missing rent from the other roommate via a lawsuit. However since he signed an agreement essentially signing away 50% of the SD (WHY?!) the other tenant will likely be able to reduce his obligation by that amount if the contract they signed holds up in court.

If the SD doesnt cover everything, your fiancee ends up in court, he may owe more money to LL for damages done after he moved out. He is still entitled to recover the missing rent + half of damages from the other roommate via a lawsuit.