Legal Question in Real Estate Law in California

Re: withdrawal of tenants 30 day notice to vacate apartment

The giving of the 30 day notice - not the passage of time - terminates the tenancy. You can rescind the notice, but the landlord has to accept. He could initiate eviction proceedings after the 30 days expire. But its always worth a try. So send the notice of rescission, pay thre rent when it becomes due - and see what happens. Take it one step at a time.

Re: withdrawal of tenants 30 day notice to vacate apartment

This problem has both legal and economic aspects. The other attorney responding addressed the legal aspects. Economically the landlord may lose money when you move out. A continued occupancy could deprive the landlord of raising the rent for a new tenant after sprucing the place up. However, that's always risky, i.e., bad new tenant etc. So let the landlord know early that you've rescended your 30 day notice. See what the landlord says. A known little problem tenant may be better for the landlord than an unknown new big problem tenant.

Re: withdrawal of tenants 30 day notice to vacate apartment

The reality is that he may have already found a new tenant, and would be in breach with them if he accepted your recision.

Take your chances, and talk to the landlord. Next time, don't deliver a recision unless you are certain that it is what you want.