Re: Do I need to give notice when lease is expiring?

Re: Do I need to give notice when lease is expiring? by Jannie1 on January 5, 2019 @15:25

I agree with Garry - even if my lease says after the fixed time it goes MTM I still write & tell them that, or begin another MTM contract. In your case I would do Exactly as he stated - There's no "misunderstanding" on the tenants part Put it in writing!

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Re: Do I need to give notice when lease is expiring? by luchen26@hotmail.com on January 5, 2019 @15:42	[ Reply ]

Yes I will put a notice ASAP but now what trouble me is how to get good PHYSICAL proof that he has received the notice as I described in previous reply. Boy, it is such a pain to be a new LL :-)

Re: Do I need to give notice when lease is expiring? by luchen26@hotmail.com on January 6, 2019 @03:26	[ Reply ]

I sent a message to tenant informing him "Feb xx 2019 is your tenancy termination date and would like your acknowledge of receipt of my message" via Facebook messaging and the tenant replied with "yes". So do I still need to send another Notice of Term Tenancy via registered mail or post on his bedroom door? I took a picture of the conversation so that I can use in court as proof.

Re: Do I need to give notice when lease is expiring? by Garry on January 6, 2019 @09:03	[ Reply ]

You need to read up on, and follow EXACTLY, what your state laws say about sending notices. Any judge is going to follow the state laws, not what you might think is OK as proof thru Facebook. Besides, what does the single word "yes" mean to a judge? If the T had said something like "yes, I have received your message, and will be out by Feb xx " then the judge would accept a sentence like that as proof. What happens when you get into court, and the judge dismisses your case because the judge didn't accept your "proof"? You will start ALL over again, with a new 30 day notice. By the time you get into court again, it will be summer, because YOU messed up.

Re: Do I need to give notice when lease is expiring? by Tom on January 6, 2019 @10:56	[ Reply ]

Thank you Garry for you advice. I saw a a reply by Anonymius in a related thread saying what you need to proof to judge is you did send out the Term Notice not whether T received it or not as some T may refuse to receive the registered mail. My lease states clearly that T needs to vacate on Feb xx unless I renew the lease. The Facebook message only proves that T is aware of lease term date and this Facebook response prevents the T to lie to judge that “I(the T)did not know lease will end on Feb xx”. If T did not vacate then I will start eviction process. I did not find any place inCalifornia LL-T law saying for fixed less than 1 year term lease LL is required to give notice which surprise me. It only says for periodic lease then notice is required. If it is required then they can be simply put into LL-T law. Sigh...

Re: Do I need to give notice when lease is expiring?

Re: Do I need to give notice when lease is expiring? by luchen26@hotmail.com on January 6, 2019 @18:21	[ Reply ]

I just found the following clause regarding the California leases: http://housing.org/wp-content/uploads/2017/02/Terminating-a-Tenancy-English.pdf Leases A lease automatically terminates when its term expires. No notice by either party is required, unless the lease itself contains a notice clause(my lease does not contains a notice clause). However, if the tenant “holds over” by staying after the expiration date with the landlord’s permission, but without a new lease, the tenancy automatically converts to month-to-month. The termination rules for month-to-month tenancies will then apply. So for safety I will still do what Garry suggested.

Re: Do I need to give notice when lease is expiring? - Landlord Forum thread 358888