Law Requires the Notice in Writing
QUESTION: Although I have no written rental agreement, all my transactions with my landlord have been extremely cordial for the past 10 years and there have been no problems. Now that I am ready to leave, a friend has told me I should put my notice in writing. Wouldn’t it be sufficient for me to give my landlord oral notice? I am afraid that, after all this time, a written notice would offend my landlord.
ANSWER: Even though you and your landlord may agree that an oral notice would be acceptable, you should put your notice in writing. Not only would a written notice be helpful if questions arose later concerning your move-out, but California Civil Code section 1946 actually requires a written notice to terminate a tenancy legally.
You do not have to use legal language in writing your notice, and you may tell your landlord how much you appreciated your long tenancy. You may give this notice to your landlord in person, or you may send it either by certified or by registered mail. In any case, be sure to keep a copy for your records.
Owner Wants Tenants With ‘Woman’s Touch’
Q: My friend and I tried to rent a house, but the owner turned us down. He told us he never rents to bachelors because the house requires “a woman’s touch” to keep it in good condition. We have steady jobs, good credit and an excellent reference from our current manager who says that we actually improved the property. Isn’t the owner’s refusal to rent to us a form of discrimination?
A: Sex discrimination is prohibited by federal and state law, and could result in a costly lawsuit against the owner. Regardless of the owner’s personal views about male housekeeping habits, he cannot refuse to rent to you solely on the basis of your status as single men.
If your income, credit and references qualify you to rent, he cannot refuse to rent to you, whether or not your household contains a woman. For further assistance with housing discrimination questions, call (213) HOUSING (468-7464)
Rental Lease Is Binding Even If House Is Sold
Q: I am trying to sell my house, but because the market is slow I decided to rent it out. The tenants now living in it have a one-year lease that doesn’t expire for another eight months. Last week a couple made an offer to buy the house, and if their financing goes through, they want to move in as soon as possible. I explained the situation to the tenants, but they do not want to move until their lease expires. Do my tenants have a right to live in the house even if I sell it to someone else?
A: Yes. The new owners would be obligated to honor any existing lease at the time of the purchase. To assure the sale of your house, and to help the new owners move in when they wish, you could offer to compensate your current tenants if they are willing to terminate the lease.
Any lease agreement in effect when sold is binding on the new owners. You must tell the potential buyers about your lease agreement with your tenants.
Tenant Must Pay for Failing to Give Notice
Q: On the first day of last month my landlord gave me a notice announcing a rent increase. His notice to increase the rent simply told me that he had unilaterally decided to change the terms of our month to month contract. I moved into this apartment because the rent was modest. Because I am not interested in paying a higher rent, I moved out at the end of the month.
Now, my landlord is charging me an additional 30-days of rent at his new increased rate, stating that I moved out without giving him notice. I strongly believe that his increase notice meant that I had a choice between staying at a higher rent, or moving out, if I didn’t like it. Do I have to pay him for an additional 30 days of rent even after I moved out of the apartment?
A: Unfortunately, under state law you were obligated to give the owner a written notice of your intent to move out. Since you didn’t, you owe him the rent for 30 days after you moved, or until a new tenant moves in, whichever period is shorter. Your landlord must make an honest attempt to rent the property to minimize your payment.
This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif.
