Legal way to give California renter notice to vacate.

[CuriousGeorge76]

California

In the state of California is a text message giving 10 days to vacate considered a legal way of giving notice? What length of time must a Landlord give a Renter to vacate and when does that time begin?

 

[Zigner]

California

In the state of California is a text message giving 10 days to vacate considered a legal way of giving notice? What length of time must a Landlord give a Renter to vacate and when does that time begin?

• What are the terms of the lease?
  
• If you don't have a written lease, do you pay your rent monthly, weekly, daily?
  
• What city do you live in?
  
• Are you the landlord or the tenant?

 

[CuriousGeorge76]

Legal way to give CA renter notice...reply

There are no terms to the lease, as there is no lease agreement.

I moved into my friend's home 16 months ago and agreed to pay $600 in rent monthly and half of untilities monthly.

Residence is in San Clemente, CA.

I am the renter. Friend owns the home.

• What are the terms of the lease?
  
• If you don't have a written lease, do you pay your rent monthly, weekly, daily?
  
• What city do you live in?
  
• Are you the landlord or the tenant?

 

[Cvillecpm]

30 days written notice is customary. Follow up in writing and expect to pay or 30 days

 

[ecmst12]

Wrong, since you have lived there for more then 1 year, your landlord must give you SIXTY days written notice to terminate your month to month lease. He can not require you to move with less notice then that UNLESS you have not paid your rent or otherwise broken your agreement.

 

[Cvillecpm]

I suspect you are not a tenant but a ROOMER and come under the innkeeper statutes not the landlord-tenant statutes that require the 60 day notice

 

[CourtClerk]

I suspect you are not a tenant but a ROOMER and come under the innkeeper statutes not the landlord-tenant statutes that require the 60 day notice

Every last response I've read from you has said the same thing... and you're WRONG.

The correct response is: 60 days notice.

 

[CuriousGeorge76]

I thought it might be best to lay out the whole story so I could get the best advice. Which I appreciate very much from all of you. Thank you!

On July 20th My roomate/former friend sent me a text message telling me she needs me to move out by August 1st. No explanation, just that. On July 29th I spoke with her. I told her legally she needs to give me at least a 30 day notice. She apologized for sending the text message stating she had a very bad night. She then goes on to tell me that technically the law states she has to give me 60 days (her parents are in property management). We both verbally agree to a 60 day notice begining August 1st with a move out date of October 1st. She agreed to document this in writing and I agreed to sign it. Yesterday on the 13th of August I find a letter left in my bathroom post dated August 1st that reads the following:



August 1st, 2009

On July 20th, 2009 I sent you notice to move out of my residence. I thought we had agreed upon an August 1st, 2009 date, but on July 29th, 2009 you asked for more time. This letter is to set the new move out date of September 1st, 2009 which is the full 30 days allowed to a tenant residing in a home owner's dwelling. I have enclosed a copy of California Civil Code Section 1946.5 which explains the procedures for renting a room in an owner occupied dwelling. I have also enclosed a copy of California Penal Code Section 602.3 which explains my right as a home owner, should you choose not to move out by August 20th....



At the end of the letter she asks me to sign and return to her. I told her I would not sign the letter as it was not the precious agreement we both agreed on July 29th.

Can she legally do this? Is it legal to hand me a letter dated August 1st on the 13th of August declaring I move out by September 1st? What are my rights in this situation?

Thank you for your advice in advance.

There are no terms to the lease, as there is no lease agreement.

I moved into my friend's home 16 months ago and agreed to pay $600 in rent monthly and half of untilities monthly.

Residence is in San Clemente, CA.

I am the renter. Friend owns the home.