Q: What's the definition of terminating a tenancy?
If a landlord gives a 60 day no-cause notice to vacate to a tenant who has lived in the unit for more than one year are they liable to three times rent? Is giving the notice to vacate the same as terminating a tenancy even if the notice is withdrawn by the landlord and they concede to the tenant staying in the unit and paying rent? Is the landlord still liable to three times rent (sb 608) if the notice is withdrawn while the tenant is still living in the unit? Is terminating a tenancy actually when a tenant moves out of the unit after an eviction?
A: Yes, you terminate a tenancy by giving written notice to a tenant that their tenancy is terminated effective a specific date/time in the future. You can rescind the notice and try arguing that once rescinded it never happened and you should not have to pay the penalty but my guess is a Judge is likely to still nail you for the violation.
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