Legal question about written notice???

[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?

[LarryTheRenter]

I believe it is a 60 day notice to terminate if they have been renting for longer than one year…30 days if less than one year (on a month to month lease)

[LarryTheRenter]

I believe it is a 60 day notice to terminate if they have been renting for longer than one year…30 days if less than one year (on a month to month lease)

[LarryTheRenter]

I believe it is a 60 day notice to terminate if they have been renting for longer than one year…30 days if less than one year (on a month to month lease)

[LarryTheRenter]

I believe it is a 60 day notice to terminate if they have been renting for longer than one year…30 days if less than one year (on a month to month lease)

[LarryTheRenter]

I believe it is a 60 day notice to terminate if they have been renting for longer than one year…30 days if less than one year (on a month to month lease)

[CavalierLion]

I was curious (I am also in a month to month lease) so I looked up the statutes. It doesn’t appear that e-mail is proper notice under the law. So I would expect that the law on when the landlord got notice if proper notice was not made would be when the landlord got actual notice as acknowledged by the landlord (i.e., when the landlord read the e-mail and replied back acknowledging it – even if the landlord didn’t read the e-mail until 2 months after it was sent).

Cal. Civil Code s. 1946. A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. It shall be competent for the parties to provide by an agreement at the time such tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof.

The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the lessee may give such notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of such notice or by delivering a copy to the agent personally.

Section 1162 of the Code of Civil Procedure: The notices required by Sections 1161 and 1161a may be served, either:
1. By delivering a copy to the tenant personally; or,
2. If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of
residence; or,
3. If such place of residence and business can not be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can
be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.

[CavalierLion]

I was curious (I am also in a month to month lease) so I looked up the statutes. It doesn’t appear that e-mail is proper notice under the law. So I would expect that the law on when the landlord got notice if proper notice was not made would be when the landlord got actual notice as acknowledged by the landlord (i.e., when the landlord read the e-mail and replied back acknowledging it – even if the landlord didn’t read the e-mail until 2 months after it was sent).

Cal. Civil Code s. 1946. A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. It shall be competent for the parties to provide by an agreement at the time such tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof.

The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the lessee may give such notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of such notice or by delivering a copy to the agent personally.

Section 1162 of the Code of Civil Procedure: The notices required by Sections 1161 and 1161a may be served, either:
1. By delivering a copy to the tenant personally; or,
2. If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of
residence; or,
3. If such place of residence and business can not be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can
be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.

[CavalierLion]

I was curious (I am also in a month to month lease) so I looked up the statutes. It doesn’t appear that e-mail is proper notice under the law. So I would expect that the law on when the landlord got notice if proper notice was not made would be when the landlord got actual notice as acknowledged by the landlord (i.e., when the landlord read the e-mail and replied back acknowledging it – even if the landlord didn’t read the e-mail until 2 months after it was sent).

Cal. Civil Code s. 1946. A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. It shall be competent for the parties to provide by an agreement at the time such tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof.

The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the lessee may give such notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of such notice or by delivering a copy to the agent personally.

Section 1162 of the Code of Civil Procedure: The notices required by Sections 1161 and 1161a may be served, either:
1. By delivering a copy to the tenant personally; or,
2. If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of
residence; or,
3. If such place of residence and business can not be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can
be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.

[CavalierLion]

I was curious (I am also in a month to month lease) so I looked up the statutes. It doesn’t appear that e-mail is proper notice under the law. So I would expect that the law on when the landlord got notice if proper notice was not made would be when the landlord got actual notice as acknowledged by the landlord (i.e., when the landlord read the e-mail and replied back acknowledging it – even if the landlord didn’t read the e-mail until 2 months after it was sent).

Cal. Civil Code s. 1946. A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. It shall be competent for the parties to provide by an agreement at the time such tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof.

The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the lessee may give such notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of such notice or by delivering a copy to the agent personally.

Section 1162 of the Code of Civil Procedure: The notices required by Sections 1161 and 1161a may be served, either:
1. By delivering a copy to the tenant personally; or,
2. If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of
residence; or,
3. If such place of residence and business can not be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can
be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.

[CavalierLion]

I was curious (I am also in a month to month lease) so I looked up the statutes. It doesn’t appear that e-mail is proper notice under the law. So I would expect that the law on when the landlord got notice if proper notice was not made would be when the landlord got actual notice as acknowledged by the landlord (i.e., when the landlord read the e-mail and replied back acknowledging it – even if the landlord didn’t read the e-mail until 2 months after it was sent).

Cal. Civil Code s. 1946. A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. It shall be competent for the parties to provide by an agreement at the time such tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof.

The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the lessee may give such notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of such notice or by delivering a copy to the agent personally.

Section 1162 of the Code of Civil Procedure: The notices required by Sections 1161 and 1161a may be served, either:
1. By delivering a copy to the tenant personally; or,
2. If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of
residence; or,
3. If such place of residence and business can not be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can
be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.

[EconProf]

BobS
To avoid being tripped up on a technicality, send the notice to vacate a bit over 30 days, just to be safe. Don’t call it a 30-day notice.
For example, if you want to vacate at the end of August, send a “Notice of Vacating Rented Premises effective at Midnight, August 31, 2008”. Send it about July 20 or so, then call to send e-mail to get confirmation.

[EconProf]

BobS
To avoid being tripped up on a technicality, send the notice to vacate a bit over 30 days, just to be safe. Don’t call it a 30-day notice.
For example, if you want to vacate at the end of August, send a “Notice of Vacating Rented Premises effective at Midnight, August 31, 2008”. Send it about July 20 or so, then call to send e-mail to get confirmation.

[EconProf]

BobS
To avoid being tripped up on a technicality, send the notice to vacate a bit over 30 days, just to be safe. Don’t call it a 30-day notice.
For example, if you want to vacate at the end of August, send a “Notice of Vacating Rented Premises effective at Midnight, August 31, 2008”. Send it about July 20 or so, then call to send e-mail to get confirmation.

[EconProf]

BobS
To avoid being tripped up on a technicality, send the notice to vacate a bit over 30 days, just to be safe. Don’t call it a 30-day notice.
For example, if you want to vacate at the end of August, send a “Notice of Vacating Rented Premises effective at Midnight, August 31, 2008”. Send it about July 20 or so, then call to send e-mail to get confirmation.

[Author]

Posts