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Wants Me Out Earlier Than Agreed Upon Date

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Szunn

New member
Ok, so i have a few text messages from the mother (who owns this house and stays over, here and there) who said her daughter (who lives there) said i can move out on Jan 31st. I said that is perfectly fine. (This was stated on Dec 19). A few days later, her daughter now wants me out 30 days from Dec 24, and printed a 30 day termination notice, and printed her mothers name as the signature (the mother was not home at this time). When the mother came home i asked if you're fine with her forging your signature and this letter, and she said it's ok.

We already agreed on Jan 31st, now she wants me out a week earlier, i have text messages to prove we all agreed on it. Can this letter override the text messages? Not to mention, can she even write up a letter and print her mothers name as the signature without her being present but the mother says its ok? Or does the mother have to do it herself and actually sign her name, not print it? Any help is appreciated.

I live in California.
 


justalayman

Senior Member
I don’t see anything improper in what was done by the daughter. If the mother doesn’t object to the daughter acting as special poa for this purpose, I don’t see the signature issue as a concern.


The only issue I see is; how long have you lived there? If over a year you are due a 60 day notice of termination.
 

Szunn

New member
(Been there less than a year) And what about the text messages? Already confirming the later date? Also, dont you have to move out on dates that rent is actually due? Like, the day b4 it's due. Ive read for instance, if someone hands you a 30 day notice on the 3rd, and rent is always due on the 1st, it doesnt come into action until the next due cycle. Dont you think its odd for people to move out in the middle of the month when everything out there to move into is due on the 1st of every month?
 

Zigner

Senior Member, Non-Attorney
What you've read doesn't apply in California. While it's perhaps not common, there is nothing wrong with asking you to leave 30 days from the notice date. You are entitled to a prorated refund of the rent you already paid.
 

justalayman

Senior Member
California requires 30 days irrespective of the rental period.

There is nothing binding your landlord to the original agreement. The landlord can issue a new notice that terminates the tenancy as long as the new notice provides the required period of time (the 30 days)
 

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