Stockton, CA asked in Landlord - Tenant for California

Q: How to prove that I gave my manager a printed signed and dated 30 Day notice, they say it's their worked against mine.

I turned in a 30 Day notice on June 10th 2024 letting the apartment managemebt team know of my intmtention to vacate, I was then given my 30 Day notice back and handed a few more papers and was told to fill all the papers out and bring them back and that they would keep my original 30 Day notice on file when I turned in the forms the manager stated that she needed to go over the forms abd then she'd give me a copy of them bu the end of the day with was June 17th 2024 I came home later that day to some papers on my door it was yhe paperwork I had filled out and turned in she had crossed out the 10th and where that it was on my original 30 day and the other ones I had filled out and put 17 instead and changed the amount of rent. And had my original 30 day notice with the copies

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2 Lawyer Answers

A: Thank you for your question!

You can testify in court or through a declaration that you have the 30-day notice.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

James L. Arrasmith
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Answered

A: Under California law, proving that you provided a 30-day notice to your manager involves establishing a record of delivery. In your case, having initially handed in a signed and dated notice on June 10th, 2024, creates a starting point. It's crucial to keep a copy of the notice for your records, as this serves as evidence of your intent to vacate within the required notice period. Despite the manager returning your original notice and providing additional forms to fill out, your initial submission on June 10th remains significant.

When you returned the completed forms on June 17th, 2024, and the manager altered the date on your original notice from the 10th to the 17th, this modification raises concerns. However, you have a basis to assert that you originally gave notice on the 10th, supported by the copy you retained. It's advisable to document any communication or interactions with the manager regarding the notice, such as emails, notes of conversations, or witnesses who can attest to your actions on June 10th.

In California, the law generally recognizes the date of delivery as the starting point for the 30-day notice period. Despite the manager's changes, your original submission on June 10th should prevail as the valid date of notice. If there are further disputes, maintaining clear documentation and seeking legal advice can strengthen your position. This includes discussing the situation with an attorney who can provide guidance on how to assert your rights effectively under California's tenant laws, ensuring your notice is legally recognized and honored by the landlord.

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