Notice of Termination Must Be Dated
QUESTION: After a disagreement with my landlady, I gave her a 30-day notice of termination of tenancy. Since I didn’t have a new place yet, I didn’t date my notice or indicate a move-out date. I now have a new place and can move.
When I told her of my move-out date, she said since my original notice was not dated, I have to give her a new notice and also pay a full month’s rent. I feel my notice, dated or not, was legal and she’s being unfair. What should I do?
ANSWER: Unless a landlord and tenant agree to a shorter amount of time, either party is entitled to a move-out notice that is equal to the number of days between rent payments.
For example, if you pay rent every 30 days, your landlord can require an advance notice of 30 days that you intend to move. In practice, a 30-day notice of termination expires 30 days after it is served.
However, since your 30-day notice was not dated, it is difficult to determine when the 30 days began and ended. The question of whether your undated notice was valid in the first place can be answered only in a legal setting. You erred by not putting a date on the notice, and you put your landlord in the position of not knowing when the unit would be available for re-renting. Your landlady erred by not informing you that she considered your notice to be invalid.
You have several options. Perhaps the best would be to sit down with your landlady and discuss the issue. If you cannot work out a resolution of the problem on your own, you might request help from your local mediation program.
Another option is to serve a new and complete 30-day notice, move as you planned and pay your landlady the full rent due, even though you no longer occupy the unit. If the unit is re-rented before your new notice expires, you are entitled to a rent refund, based on the landlady’s responsibility to reduce your financial loss (Civil Code 1951.2).
Another alternative is for you to move without giving a new notice or paying the rent. In this case, your landlady could hire a collection agency or pursue collection of the rent in court. Because your landlady’s legal action could have a negative effect on your credit record, this approach is risky.
Fleas Stir Hornet’s Nest in Pet-Free Household
Q: I have a major flea problem. When I moved into my rental house a few months ago, there were no fleas. Now there is a serious infestation, although I own no pets. I have tried flea sprays several times, but I think the fleas are breeding under the house, and I don’t have the tools or the inclination to deal with that situation.
My landlord refuses to hire an exterminator. He says the fleas are my responsibility. Is he correct?
A: If it can be demonstrated that the fleas come from a source not traceable to the tenant--as you state--their extermination would probably be the owner’s responsibility.
At this point you have several options in dealing with the problem. You might check with your local city government to see if it retains someone--for example, the housing or health inspector--who can inspect your property. If it is determined that, as you suspect, the fleas are breeding under the house, most likely the owner would be instructed to handle the problem himself at his expense. You could also contact your local mediation program to see if a trained mediator could help you and the owner find an amicable solution to this problem.
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This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087 but cannot be answered individually.
For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council in your area:
Westside Los Angeles, call (310) 477-9260.
San Fernando Valley, call (818) 373-1185.
Pasadena, call (626) 791-0211.
El Monte, call (626) 579-6868.
Orange County, call (714) 569-0828.
San Bernardino County, call (909) 884-8056.
San Diego County, call (619) 699-5888.
Ventura County, call the Fair Housing Institute, (805) 385-7288.
