tenant law
can a tenant email a 30 notice to move out, or must it legally be by US Mail or cerified mail ?
And does a tenant have a right to create her own 30 day notice period ./ She was renting on a month to month from the 6th of each month. Can she suddenly send a 30 day notice on the 23rd of the month ?
Re: tenant law
Interesting question!
Landlords must give written notice, and I do not know of any law or cases covering the tenant’s notice. The major question, in my opinion, would be that e-mail is written, but you would need an answer to confirm that the e-mail was received.
And yes, the 30 day period can be at any time—it does not have to be on the first of the month. The law is clear that when there is an unpaid part of the month, that the month is pro-rated on a 30 day basis.
Robert L. Bennett
Law offices of Robert L. Bennett
2117 N. Baker St.
Bakersfield, CA 93305
Re: tenant law
Presuming you do not have a long term lease agreement in effect, you should give notice by U.S. mail as this is still recognized as the preferred way to give legal notice (outside of personal service). The law specifically says that a legal notice is deemed made on the day it is put into the U.S. mail, but that the time to perform any act required by law is extended by 5 days. So, to be safe, I would recommend at least 35 days notice. You should also request your landlord do a walk-through on the day you move out, so that you do not get hit with any bogus fees or charges. Presuming you do not have a long term lease in effect, you may give notice at any time.
Robert Mccoy
Law Office Of Robert McCoy
204 N. San Antonio Ave.
Ontario, CA 91762