Legal Question in Real Estate Law in California

rental lease agreement

I want to move out of my rental. I gave the owners 30 days notice. They told me that I have to pay for another month. The rental agreement says that I have a lease til the end of March but I can give a 30 notice to leave. There is also asbestos in the rental house and I don't think the owners are claiming it as a rental property on their taxes.


Asked on 1/02/09, 4:33 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: rental lease agreement

Neither the asbestos nor the owners' taxes are immediate concerns here. Your immediate issue is whether you can move on 30 days' notice under your written agreement or not. The facts suggest that the lease itself is self-contradictory. Without being able myself to read it and look at the context of the 30-day notice to leave clause, it is impossible to tell whether that prevails and you can leave, or whether the lease really can't be terminated before the end of March. Your best low-cost alternative here would perhaps be to point out the 30-day notice provision and ask your landlord to explain why he thinks it doesn't mean what you think it means. If the dispute can't be settled by negotiation it is likely going to be decided by a small-claims judge, who will not want to hear testimony about asbestos or tax returns.

Read more
Answered on 1/02/09, 8:57 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California