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Posted by Mark Smith on October 17, 2000 at 22:47:29:

In Reply to: 30-day Notice--Void? posted by Debra R. on October 17, 2000 at 14:56:42:

I'm not familiar with California law, but in most states, the 30-day or one-month notice to terminate a month-to-month tenancy has to coincide with your rental period. If your rent is paid on a calendar month basis, the termination notice should have been effective October 31st -- not October 26th.

It sounds like the original 30-day notice was defective. Accepting your rent for October reinforces that. You should also check TenantNet for California law to verify this, and to see how a 30-day notice has to be served.

:
: 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. An

Follow Ups:

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

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Comments:
: I'm not familiar with California law, but in most states, the 30-day or one-month notice to terminate a month-to-month tenancy has to coincide with your rental period.  If your rent is paid on a calendar month basis, the termination notice should have been effective October 31st -- not October 26th.  

: It sounds like the original 30-day notice was defective.  Accepting your rent for October reinforces that.  You should also check TenantNet for California law to verify this, and to see how a 30-day notice has to be served.  

: :
: : 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. An


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