California Rental Laws - 30 day notice?

Question

We are renting a condo from an individual (the property owner - not a company) and we put in our 30 day notice. But, 2 weeks after putting the notice in, we changed our mind and decided to stay. Now, the owner is saying there are other people that are lined up for the condo. The landlord checked with them, but they are not flexible and they want to move in. The owner is going to let us know where she stands legally in a few days, but with only 2 weeks left, I'm trying to find an answer myself.
Does anyone know how the California rental laws handle this? Since we are already living there, would we get first dibs or because of our 30 days notice, would we have to move out?

Answer 1

Since you gave the owner notice, he is now free to rent to whomever he/she so chooses.

That could be you if you make it worth his while but it's totally the landlord's decision. By giving notice, you gave up the right to hold/use the property after the 30 days runs.

Answer 2

What you need is the facts from the State and here is where you can find them
STATE’SLANDLORD TENANT ACT: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=72145723910+1+0+0&WAISaction=retrieve

HUD – Tenant rights in California: http://www.hud.gov/local/ca/renting/tenantrights.cfm

Pamphlet from the State of California on Landlords and Tenants:
http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Private Attorney’s Website on Tenant/Landlord issues: http://www.caltenantlaw.com/

Home owner and renter assistance programs: http://www.ftb.ca.gov/individuals/hra/index.html

California Civil code - CONTRACTS – Sections 1619 – 1632: http://www.lectlaw.com/files/bul15.htm

Best of luck to you

Answer 3

If you did not get any written agreement that there would be no penalty for early termination, you're on the hook. The law clearly states that a thirty day written notice is to be provided when preparing to vacate the premises. Since you did not provide such, you are responsible for rents until the END of December, since such notices are based upon a monthly tenancy period. Pay up.

Answer 4

You've given notice and you are expected to vacate the premises, since you did not retract the notice in sufficient time to allow the landlord to NOT enter into a contract. These new folks have a right to move in, and YOU need to move out according to the notice you tendered.

Answer 5

You gave your notice, so legally she doe snot have to let you stay. If hte landlord did not sign a lease with the new people yet she is clear to do whatever, but if she signed it then she has to provide them housing. These people likely gave their notice to their landlord when they found out they had a new place.

Answer 6

See below website. This is an overview of California Landlord tenant law. Hope it helps!

Answer 7

You'll have to move out if the owner already signed a lease with new tenants and accepted their security deposit. If not, you have a good chance to work it out with the owner.