Is a 60-day notice to valid if I'm still within my lease period (California)?
I assume you’ve received a “60-day notice to vacate” ?If your lease period expires the day that the 60-day notice period ends, I would say that the landlord is definitely not willing to renew or extend your lease.If the notice period requires that you be out one or more months BEFORE your lease term ends, then What Did You Do to warrant that notice?Or: has the landlord sold the property, and closing is contingent on delivering a vacant property to the buyer? If that is the case, I’d first try to negotiate with the landlord.Have you spoken with the landlord? That might be a sensible first step.
A UK shorthold tenancy is coming to an end in 30 days and the tenant owes rent. Can we terminate her contract with 30 days notice and get her out?
I really feel for your situation.I presume that the Tennant signed a 6 month or 1 year letting agreement that comes to an end in 30 days.What I would do is give them a 30 day notice to leave (do this 30 days before the end of the contract). Then if they don't leave on that day I'd file a case for eviction (don't just do nothing and hope she'll leave eventually as that could be 6 months away or fall for any bs like “I'm moving in a few days”) if she has defaulted on any of the rent the court should grant you an eviction notice without issue. After you have an eviction notice served to them you may have to get bailiffs involved to get rid of themWhatever you do don'tChange the lock before she's left or the bailiffs kick her out, even if you have an eviction noticeGet rid of any stuff she's left there, she could sue you if you doIt's probably a good idea to speak to a solicitor or a company that specialise in evictions
If I get a 60-day end of tenancy notice, do I have to still pay the rent for those 2 months?
Yes, you will most certainly have to pay.Even if you have a deposit with the owner, you will need to pay. The deposit will only be returned to you at the end if you do.If you do not pay, the owner can have you evicted after the first 30 days and you will lose your deposit.
I recieved a 60 day notice to leave stating tenancy is void, does that mean I dont pay rent? Otherwise how will I save up to move? With a month to month lease
Yes…you have to pay rent. Do you think a 60 day notice means you get to stay for free for 2 months? Sorry you chose to come here to ask such a stupid question. Saving up to move elsewhere isn’t your landlord’s problem, it’s yours. Pay your rent and handle your responsibilities like an adult.
When given a 60-day notice to vacate the premises. Does that mean you have to be out before 60 days are up?
In most, if not all, states, a landlord must file an action in the locality’s Landlord-Tenant court if the tenant is still in the apartment. There are grounds in some cases, depending upon the state’s laws, to terminate a tenancy upon prior notice. But there are also potential defenses a tenant may use. You must determine the following, under your state’s laws, and in some cases, under federal laws and regulations (especially HUD, if applicable):(1) Is the landlord even legally permitted to terminate your tenancy upon 60-day notice? While your lease may include such a provision, you must be familiar with and understand what your state’s laws say about a landlord terminating a tenancy.(2) When does the statutory notice period begin and when does it end?(3) Does the law require any additional notices or procedures prior to a lease being terminated? For instance, is there a specific manner of service required by the state’s laws? (e.g. regular and certified mailing, hand delivery?). In many states, a defective notice is a ground to have the eviction action dismissed.(4) Does federal law apply? In many federally-subsidized apartments, including those where a tenant is residing in private housing but obtains, either directly, as through a voucher (e.g. Section 8 voucher), or by means of a subsidy paid to the owner that applies only to the building, there are specific notice requirements that may be stricter than the state’s own notice requirements.(5) Does the state require an eviction ‘for cause’? Determine whether the law in your state enumerates specific grounds to evict, to the exclusion of any evictions that are not for cause.Even if the landlord followed proper notice procedures and the contours of your state’s law, the landlord will still have to file an action in court if you remain in possession, and may not, in all likelihood, lock you out, change the locks, throw out or remove your belongings, or compel you to move out, by threats or physical actions. The landlord ultimately must file an action in court if you remain in possession. You should apprise yourself of your state’s laws regarding eviction actions and consider consulting with an attorney.
What recourse do I have? My landlord gave me 60 day notice due to my age/disability (voicemail). I am on month-to-month agreement in California.
You’re in a difficult situation.You can’t be discriminated against due to your age or (in most cases) a disability. On the other hand, if you’re on a month-to-month agreement, your lease can be terminated with 30 days’ written notice.No, you haven’t received written notice yet. But that could come at any point. The really tricky issue is: If you have a case of discrimination, how does that balance out against the month-to-month agreement? Example: If the landlord had simply notified you that he/she was terminating your lease in 60 days, pursuant to his right to do so, that’d be the end of the story.But if there’s discrimination involved, that could complicate matters. At least it would let you throw a crowbar into the wheels of the process. And that leads us to: What evidence do you have that the termination of your lease is due to your age or disability? Or is it just your suspicion?I suspect your city or county has some sort of tenant advisory/representation program. Check with them. If not—due to your age and disability—again check with your city or county and the office that’s established to prevent discrimination.I don’t think your odds are particularly good (the month-to-month arrangement is awfully powerful), but many areas of California are very tenant-friendly. So that’s what I’d suggest.
Do I give my landlord a 60 day written notice and 1 month's rent in order to terminate my lease early?
Yes, that's the way I read the lease provisions you are showing. You would need to send the landlord written notice that you are electing to terminate the lease at least 60 days in advance of that date. You would then owe the remainder of the rent (prorated) plus the termination fee.Always consult an attorney if you are unsure of how to interpret or proceed under a lease.
