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Posted by Debra R. on October 17, 2000 at 14:56:42:

We rent (month to month) the back unit of a duplex (in San Diego) and the duplex has been sold
recently-still in escrow; waiting for tenting. We were given a 30-day notice to terminate the premises (and as it says on
the paper 'this is not an eviction notice'). The 30-day notice is from September 26th to October 26th
(which the notice says is "the last day of the rent period"--which is not true, it ends on the last day of
each month). We had been promised verbally up until the day the 30-day notice was issued (by the
landlords/owners and their real estate agent and the buyers' agent) that since we were such great,
long time tenants (10 years), and since they were having problems with the tenants up front (late
pay, loud music, etc...) that we would get to move up front since the new owner would want to take the
back unit. Although packed and ready to move up front, we did not look for any place else to live in the interim between knowing it was sold and the 30-day notice, because of that promise. We paid our full rent on time on October 1st (which the seller/landlord/owner accepted) and we
have bought a new home, waiting for escrow to close on November 30th. We have been in contact with
the Sellers'/Landlord/Owners' agent (we are acquaintances) to please try to make an arrangement with the Sellers/Landlord/Owners
(they won't return our calls) to extend our
rent until November 30th. And, they need to tent the place so we are willing to leave for those few
days so that tenting will take place and the Sellers/L/O can receive their monies from the sale (and our
possessions would have to remain inside while tenting--no local storage available to temporarily
move them to). We've also said that we will gladly pay our rent to the new owner/buyer on November 1st if
that is the case. Well, while we are waiting word from the agent about this, my question is: Since the
seller/landlord/owner accepted the full rent check during the 30 day notice period, is the 30 day notice null and
void and therefore needs to be reissued? We were told this was the case by an apartment manager
friend next door whose husband works with the property management company and their lawyers.

Follow Ups:

• Re: 30-day Notice--Void? Mark Smith 10/17/00 (1)
  • Re: 30-day Notice--Void? Debra R. 10/18/00 (0)

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Comments:
: We rent (month to month) the back unit of a duplex (in San Diego) and the duplex has been sold
: recently-still in escrow; waiting for tenting. We were given a 30-day notice to terminate the premises (and as it says on
: the paper 'this is not an eviction notice'). The 30-day notice is from September 26th to October 26th
: (which the notice says is "the last day of the rent period"--which is not true, it ends on the last day of
: each month). We had been promised verbally up until the day the 30-day notice was issued (by the
: landlords/owners and their real estate agent and the buyers' agent) that since we were such great,
: long time tenants (10 years), and since they were having problems with the tenants up front (late
: pay, loud music, etc...) that we would get to move up front since the new owner would want to take the
: back unit.  Although packed and ready to move up front, we did not look for any place else to live in the interim between knowing it was sold and the 30-day notice, because of that promise.  We paid our full rent on time on October 1st (which the seller/landlord/owner accepted) and we
: have bought a new home, waiting for escrow to close on November 30th. We have been in contact with
: the Sellers'/Landlord/Owners' agent (we are acquaintances) to please try to make an arrangement with the Sellers/Landlord/Owners
: (they won't return our calls) to extend our 
: rent until November 30th. And, they need to tent the place so we are willing to leave for those few
: days so that tenting will take place and the Sellers/L/O can receive their monies from the sale (and our
: possessions would have to remain inside while tenting--no local storage available to temporarily 
: move them to). We've also said that we will gladly pay our rent to the new owner/buyer on November 1st if
: that is the case. Well, while we are waiting word from the agent about this, my question is: Since the
: seller/landlord/owner accepted the full rent check during the 30 day notice period, is the 30 day notice null and
: void and therefore needs to be reissued? We were told this was the case by an apartment manager
: friend next door whose husband works with the property management company and their lawyers.  


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