Legal question about written notice???

[La Jolla Renter]

Anyone know the California laws as to what constitutes written notice to terminate a month to month lease and when does the clock start?

Does the 30 day clock start at the day the noticed postmarked or the time and day and email was sent.

In the case of email, if the notice was sent at 9:30 pm Pacific time on the 5th, to a landlord on the East Coast that recieves the notice at 12:30 am on the 6th, when is the official notice.

I could not get a clear answer on the California consumer affair’s site for tenants.

This may seem petty, but it is a $110 disagreement to a smug nickel and dime landlord.

[NotCranky]

Notice starts when the landlord receives it but email is not very high proof that delivery of the notice has been accomplished. If the landlord responded right away confirming receipt that would help. When you are in a situation where technicalities matter it could be a problem. Hopefully not inthis case.
The best service is personal or by certified mail. It sounds like the tenant is not in a position to deliver it personally but in cases where that is possible it is a good idea to have the landlord sign an extra copy.

[NotCranky]

Notice starts when the landlord receives it but email is not very high proof that delivery of the notice has been accomplished. If the landlord responded right away confirming receipt that would help. When you are in a situation where technicalities matter it could be a problem. Hopefully not inthis case.
The best service is personal or by certified mail. It sounds like the tenant is not in a position to deliver it personally but in cases where that is possible it is a good idea to have the landlord sign an extra copy.

[NotCranky]

Notice starts when the landlord receives it but email is not very high proof that delivery of the notice has been accomplished. If the landlord responded right away confirming receipt that would help. When you are in a situation where technicalities matter it could be a problem. Hopefully not inthis case.
The best service is personal or by certified mail. It sounds like the tenant is not in a position to deliver it personally but in cases where that is possible it is a good idea to have the landlord sign an extra copy.

[NotCranky]

Notice starts when the landlord receives it but email is not very high proof that delivery of the notice has been accomplished. If the landlord responded right away confirming receipt that would help. When you are in a situation where technicalities matter it could be a problem. Hopefully not inthis case.
The best service is personal or by certified mail. It sounds like the tenant is not in a position to deliver it personally but in cases where that is possible it is a good idea to have the landlord sign an extra copy.

[NotCranky]

Notice starts when the landlord receives it but email is not very high proof that delivery of the notice has been accomplished. If the landlord responded right away confirming receipt that would help. When you are in a situation where technicalities matter it could be a problem. Hopefully not inthis case.
The best service is personal or by certified mail. It sounds like the tenant is not in a position to deliver it personally but in cases where that is possible it is a good idea to have the landlord sign an extra copy.

[CavalierLion]

I would check the lease. It should specify how notice can be made, when is effective, and what the 30 day period is (e.g., whether it can begin mid-month or only the end of the month).

My guess is that it requires written notice. I’d be surprised if e-mail counts under the terms of the lease. Many people don’t use e-mail for anything official.

[CavalierLion]

I would check the lease. It should specify how notice can be made, when is effective, and what the 30 day period is (e.g., whether it can begin mid-month or only the end of the month).

My guess is that it requires written notice. I’d be surprised if e-mail counts under the terms of the lease. Many people don’t use e-mail for anything official.

[CavalierLion]

I would check the lease. It should specify how notice can be made, when is effective, and what the 30 day period is (e.g., whether it can begin mid-month or only the end of the month).

My guess is that it requires written notice. I’d be surprised if e-mail counts under the terms of the lease. Many people don’t use e-mail for anything official.

[CavalierLion]

I would check the lease. It should specify how notice can be made, when is effective, and what the 30 day period is (e.g., whether it can begin mid-month or only the end of the month).

My guess is that it requires written notice. I’d be surprised if e-mail counts under the terms of the lease. Many people don’t use e-mail for anything official.

[CavalierLion]

I would check the lease. It should specify how notice can be made, when is effective, and what the 30 day period is (e.g., whether it can begin mid-month or only the end of the month).

My guess is that it requires written notice. I’d be surprised if e-mail counts under the terms of the lease. Many people don’t use e-mail for anything official.

[La Jolla Renter]

I am a landlord and a renter, so speaking from experience, the laws in California favor renters, as it should IMO.

In, California, if a lease is month to month then you need to only give 30 day notice, if it is a week then one week notice. I was month to month. The landlord acknowledges receipt at the next day Eastern Time. I believe that if you use regular mail, then the time clock starts the day of the postmark. Again the laws favor renters. The property is in California, so I would guess that time zone dictates the time clock.

Anyone else… an attorney perhaps?

[La Jolla Renter]

I am a landlord and a renter, so speaking from experience, the laws in California favor renters, as it should IMO.

In, California, if a lease is month to month then you need to only give 30 day notice, if it is a week then one week notice. I was month to month. The landlord acknowledges receipt at the next day Eastern Time. I believe that if you use regular mail, then the time clock starts the day of the postmark. Again the laws favor renters. The property is in California, so I would guess that time zone dictates the time clock.

Anyone else… an attorney perhaps?

[La Jolla Renter]

I am a landlord and a renter, so speaking from experience, the laws in California favor renters, as it should IMO.

In, California, if a lease is month to month then you need to only give 30 day notice, if it is a week then one week notice. I was month to month. The landlord acknowledges receipt at the next day Eastern Time. I believe that if you use regular mail, then the time clock starts the day of the postmark. Again the laws favor renters. The property is in California, so I would guess that time zone dictates the time clock.

Anyone else… an attorney perhaps?

[La Jolla Renter]

I am a landlord and a renter, so speaking from experience, the laws in California favor renters, as it should IMO.

In, California, if a lease is month to month then you need to only give 30 day notice, if it is a week then one week notice. I was month to month. The landlord acknowledges receipt at the next day Eastern Time. I believe that if you use regular mail, then the time clock starts the day of the postmark. Again the laws favor renters. The property is in California, so I would guess that time zone dictates the time clock.

Anyone else… an attorney perhaps?

[Author]

Posts