Is an email binding? Master tenant/subtenant move-out dispute brewing ...

[irlandesa]

I live in San Francisco, CA.

I am the Master Tenant, and I have one subtenant who signed a month-to-month agreement. We have lived together for 13 months now. She is very messy and inconsiderate. I have addressed this with her many times, all via email (so that there would be a record, and she can't interrupt me on email). In our most recent exchange, 12 days ago, I asked her if she wouldn't be happier somewhere else.

Her emailed response: "Thanks for your response, (Master Tenant). I agree, I think it’s time we move on from being roommates. To that end, please accept this as my formal notice. I will be moving out 30 days from today on August 13th. Thanks."

She also called the property management company and "terminated her lease" with them. The rental agent confirmed that to me.

Cut to yesterday: she's been fired from her job, and is begging to stay. I want to move on and get a cleaner, less disruptive roommate.

My question: is the email communication binding? Is she allowed to oops-nevermind and stay instead?

Not sure if this is relevant: I'm the residential building manager for the building since I moved in, and I get reduced rent as payment. I've been doing a good job, and I believe the property management company is happy with me.

 

[adjusterjack]

There is nothing in the CA landlord tenant statute preventing her from rescinding her termination notice.

If you want her out now, you have to give her 60 days written notice because she's been living there more than a year. Do it in writing in addition to email, with a witness to handing her the letter.

 

[irlandesa]

Thanks for your response, adjusterjack ... do I have legitimate grounds to give her 60 days notice?

As far as I understand, the laws protecting tenants in SF are pretty substantial, so I don't know that I can just do the 60-day thing without an issue like her not paying rent.

 

[xylene]

There is nothing in the CA landlord tenant statute preventing her from rescinding her termination notice.

If you want her out now, you have to give her 60 days written notice because she's been living there more than a year. Do it in writing in addition to email, with a witness to handing her the letter.

I'm quite certain you are wrong and the act is irreversible without the consent of the landlord. The landlord would have the right to file an unlawful detainer action if she did not move.

 

[irlandesa]

Thanks Xylene ... I want to be walkin' on sunshine with you (love your tag line) ... where do you get your information? Does it matter that there was no signature involved in her communication?

 

[xylene]

Thanks Xylene ... I want to be walkin' on sunshine with you (love your tag line) ... where do you get your information? Does it matter that there was no signature involved in her communication?

Google and CA residential tenancy law.
The notice was genuine and the landlord accepted the notice and that was understood by her, that's what matters.

 

[reenzz]

Is her lease with you or your landlord?

 

[adjusterjack]

I have legitimate grounds to give her 60 days notice?

You said you had a month to month agreement. On a month to month agreement you don't need a reason.

As far as I understand, the laws protecting tenants in SF are pretty substantial

As far as you "understand"? Have you read them? Or did you just hear about them someplace?

Besides, being in SF, are you in a rent controlled place? There might be additional SF laws that you have to abide by.

I'm quite certain you are wrong and the act is irreversible without the consent of the landlord. The landlord would have the right to file an unlawful detainer action if she did not move.

Could be. But the safe bet is the 60 days written notice.

Does it matter that there was no signature involved in her communication?

No.

As for where information comes from, here's the CA L-T statute:

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=5.&part=4.&chapter=2.&article=

SF's rent board site:

https://sfrb.org/landlord-tenant-information