Q: My landlord decided to sell the property and dropped of in the mailbox“Notice of Termination of Month to Month Tenancy”.
But according to the Residential Lease Agreement signed by both parties is says “If at any time either party desires to terminate the month-to-month tenancy, such party may do so by providing to the other party written notice of intention to terminate at least 30 days prior to the desired date of termination of the month-to-month tenancy”. Is the “written notice of intention to terminate” different from the “Notice of Termination” received? Is there anything I can do to stay a little longer? My landlord has not answered to any calls or texts since the termination was received.
A:
You are grasping at legal straws.
A "Notice of Termination" of your month-to-month tenancy is no different from a "Notice of Intention to Terminate" the same tenancy.
As you said, your lease is clear: You have no more than 30 days from the date you received notice--unless tomorrow brings some different news. It may be more than 30; who knows? Perhaps the new owners will give you 90 ore even 180 days? Has happened before, many times.
So if I were you I would start packing the little stuff and start looking for new digs.
A: It's t he same thing. Most leases have a term as to notices. Was it served correctly? If not, ots not really proper but are you going to risk going to court to have a judge decide the issue? Let me tell you how interested a judge would be if thats your defense to an action for eviction. He gave you 30 days. Take the 30 and go.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
