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Hey all. I have a unique situation. The owner of this townhouse is in foreclosure and I gave notice to be out as of the end of Oct w/ a written notice to protect my security deposit (we agreed to use it for the last months rent). So, he's in a short sale situation and wants it vacant for the month of November so he can show it full time. The problem is, I haven't been able to find ample housing yet and I have 7 days until I have to be out. Even though I've given notice in writing, can I retract it and just send him a rent check by the 1st of the month? Or can he forcibly remove me from the premises because I gave notice? Do I have a leg to stand on? I need an answer by tomorrow so I know what steps I need to take. Thanks for any suggestions.
There isn't a new owner yet. Only if it sells, but the current owner has to sell it by the end of Nov or else the bank will take it. That's why he will have a fit if I tell him I want to stay. I just want to know what my rights are in CA if I have given written notice, do I have the right to rescind my notice and stay as long as I give him a rent payment? What can he do if he doesn't want to accept my rent payment? Can he have me removed from the property or does he have to go through the eviction process through the court system?
I used to rent in Sacramento. California has strong laws that protect renters, but if you gave notice you might be out of luck. But he can't just toss your stuff on the street if you stay. He would need to file a 72 hour quit notice that could be appealed. So you can drag it out but it could ruin your credit.
Just try giving him another months rent. If he accepts the rent payment and deposits it I'd say you're fine.
If there's a local law school in your area try calling them up and ask when they have their free legal clinic. Most law schools have free clinics once or twice a week to help needy residents in their area. This is something you really need to talk to an expert about.
If a tenant gives notice to move out on 10/31 and asks to extend it - the landlord doesn't have to agree to your extension. Legally, the tenant has to give another 30-day notice.
If my tenants give me a 30-day and then ask for an extension for another week or so, I gladly give it.
But like Hawkeye said, they can't throw your things out the door and change your locks. There's only one jurisdiction that can do that - through the courts and that can be a lengthy process.
Consider your credit and future landlord references, tho.
It's a judgment call. My theory is there's nothing wrong in bending ........ Good luck.
what? "legally tenant has to give another 30 day notice" ???
what do you mean..."If a tenant gives notice to move out on 10/31 and asks to extend it - the landlord doesn't have to agree to your extension. Legally, the tenant has to give another 30-day notice" ?
is this a right to give another 30 day notice? that does not make sense. but if its true let me know.
i am a tenant who gave 30 day notice but then one week before move out day i found out that the new place wasn't available and told landlord need stay but he wont let me. i paid my rent but he returned it and now he put "right to possession" papers on my door. sucks! i am good tenant and dont have place to go and have new job starting in 2 days which i will lose if have to take time out for this legal crap and or househunting! arrrgggghhhh!
cruel landlord! retaliatory too as i made "complaints" when moved in (only 2 1/2 months ago. when i made complaints landlord said i could break lease as he'd prefer tenant who doesn't complain and i happened to have found a great prospective place so i took his offer but new place fell through) but my complaints were with in reason (landlord said it was smoke free property in and out but i learned that 3 apts out of total 8 smoked. refrigerator broke, landlord ignored me. landlord trespasses regularly without emergency or giving 24 written notice. next door neighbor mental problem and slams doors repeatedly and then tells me to shut up! landlord ignores even when he did it in front of landlord.
[LEFT]so yes i should move but things have quieted down here and i dont want to move and i got hired last week to start m-f 9-5 job in 2 days after long stint of not being able to find work. new employer wont give time off for this. said they will give job to someone else. i dont have time to househunt. i dont have time to be homeless. i dont have time to be stressed.
and judge will probably rule landlord right and i have to move as ive found that the courts dont support justice. dumb society!!!!
what do you mean..."If a tenant gives notice to move out on 10/31 and asks to extend it - the landlord doesn't have to agree to your extension. Legally, the tenant has to give another 30-day notice" ?
is this a right to give another 30 day notice? that does not make sense. but if its true let me know.
i am a tenant who gave 30 day notice but then one week before move out day i found out that the new place wasn't available and told landlord need stay but he wont let me. i paid my rent but he returned it and now he put "right to possession" papers on my door. sucks! i am good tenant and dont have place to go and have new job starting in 2 days which i will lose if have to take time out for this legal crap and or househunting! arrrgggghhhh!
cruel landlord! retaliatory too as i made "complaints" when moved in (only 2 1/2 months ago. when i made complaints landlord said i could break lease as he'd prefer tenant who doesn't complain and i happened to have found a great prospective place so i took his offer but new place fell through) but my complaints were with in reason (landlord said it was smoke free property in and out but i learned that 3 apts out of total 8 smoked. refrigerator broke, landlord ignored me. landlord trespasses regularly without emergency or giving 24 written notice. next door neighbor mental problem and slams doors repeatedly and then tells me to shut up! landlord ignores even when he did it in front of landlord.
[LEFT]so yes i should move but things have quieted down here and i dont want to move and i got hired last week to start m-f 9-5 job in 2 days after long stint of not being able to find work. new employer wont give time off for this. said they will give job to someone else. i dont have time to househunt. i dont have time to be homeless. i dont have time to be stressed.
and judge will probably rule landlord right and i have to move as ive found that the courts dont support justice. dumb society!!!!
[/LEFT]
I wouldn't blame the landlord because you changed your mind. Perhaps he has another tenant with a set move-in date.
Without getting into your specific issues, let me just suggest that there are tenants that landlords like and tenants that landlords do not like. Largely the choice is yours.
What might work best for you is to put all your things in storage and get an Extended Stay Hotel so you can concentrate on your new job and look for apartments as time becomes available.
what do you mean..."If a tenant gives notice to move out on 10/31 and asks to extend it - the landlord doesn't have to agree to your extension. Legally, the tenant has to give another 30-day notice" ?
is this a right to give another 30 day notice? that does not make sense. but if its true let me know.
i am a tenant who gave 30 day notice but then one week before move out day i found out that the new place wasn't available and told landlord need stay but he wont let me. i paid my rent but he returned it and now he put "right to possession" papers on my door. sucks! i am good tenant and dont have place to go and have new job starting in 2 days which i will lose if have to take time out for this legal crap and or househunting! arrrgggghhhh!
cruel landlord! retaliatory too as i made "complaints" when moved in (only 2 1/2 months ago. when i made complaints landlord said i could break lease as he'd prefer tenant who doesn't complain and i happened to have found a great prospective place so i took his offer but new place fell through) but my complaints were with in reason (landlord said it was smoke free property in and out but i learned that 3 apts out of total 8 smoked. refrigerator broke, landlord ignored me. landlord trespasses regularly without emergency or giving 24 written notice. next door neighbor mental problem and slams doors repeatedly and then tells me to shut up! landlord ignores even when he did it in front of landlord.
[LEFT]so yes i should move but things have quieted down here and i dont want to move and i got hired last week to start m-f 9-5 job in 2 days after long stint of not being able to find work. new employer wont give time off for this. said they will give job to someone else. i dont have time to househunt. i dont have time to be homeless. i dont have time to be stressed.
and judge will probably rule landlord right and i have to move as ive found that the courts dont support justice. dumb society!!!!
[/LEFT]
You moved in 2 mths ago, want to break the lease and you're pissed at the landlord?
There are ways to handle things like repairs, neighbors and other issues, I suggest you read you state's tenant/landlord laws.
You dont' have time to house hunt? You don't have time to be homeless? Then you should've thought of that before you told the landlord you were leaving. You said you were leaving, he said fine. Now you want to stay, he says no. I'd say no too. Too much drama and hassle..ain't nobody got time for that!!
Next time start your own thread before piggybacking on a 5 yr old thread.
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what? "legally tenant has to give another 30 day notice" ???
