Termination notice from tenant is binding

Question: I have been living in my apartment for several years. I made an offer on a condo that I thought had been accepted, so I gave 30 days’ written notice to the apartment manager. Now, three weeks later, I learned that I did not qualify to buy the condo, which means I don’t want to leave my apartment. I told the manager that I wanted to withdraw my notice, but she said no. Since the apartment management hasn’t given me her own termination notice, why can’t I withdraw my notice?

Answer: Unfortunately, a tenant’s written notice of termination is just as binding as a termination notice served by a landlord. The tenant must vacate within the period of time stated in his or her notice, or be subject to an eviction suit, known as an unlawful detainer.

Furthermore, contrary to the common misconception, a tenant giving a notice of termination is still responsible for paying the rent for the days covered by the notice. A tenant cannot use his or her security deposit as a credit toward the rent due, unless the rental agreement specifically designates “last month’s rent” as an amount collected separately from the security deposit.

Of course, you and your property manager could mutually agree to withdraw your termination notice, but that agreement would be subject to negotiation with the potential of making changes in the terms of the rental agreement.

Since the property manager is not willing to cancel your notice, you could offer some type of inducement such as a higher rent, if remaining in the apartment is crucial to you. If you are able to reach a mutual agreement to continue your tenancy, make sure it is documented in writing and signed and dated by both parties before the end of your current notice to move.

Eichner is director of Housing Counseling Programs for Project Sentinel, a Sunnyvale, Calif., mediation service. To submit a question, go to https://www.housing.org.