Los Angeles, CA asked in Contracts, Real Estate Law and Landlord - Tenant for California
I had been communicating with property management about my lease renewal via email for 2 months. 35 days before my lease, I told him I will not be renewing and will be moving to another property. Now they're saying I did not give them a 30 day notice and charging me $2600. The contract says they need a 30 day written notice but does not specify the method or where to deliver it. Its very vague. I'm in Los Angeles. Does my email suffice as proper notice?
Related Topics:
1LawyerAnswer
PREMIUM
James L. Arrasmith 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
- Landlord Tenant Lawyer
- Sacramento, CA
- Licensed inCalifornia
- (916) 704-3009
- Email Lawyer
- ViewWebsite
A:Under California law, email can generally be considered a valid form of written notice, as long as the parties involved have previously agreed to communicate via email. In your case, if you had been communicating with your property management about your lease renewal via email for two months prior to informing them that you would not be renewing, it is likely that email can be considered a valid form of notice.
However, to be on the safe side, it is recommended that you consult with an attorney or a tenant rights organization to confirm that email is an acceptable form of written notice in your specific situation. Additionally, you may want to review your lease agreement to see if it specifies a particular method or location for delivering notice of non-renewal.
If your property management continues to dispute your notice and charges you $2600, you may have grounds to challenge the charge in court or through a dispute resolution process. Again, it is recommended that you seek legal advice or assistance from a tenant rights organization to better understand your options and rights in this situation.
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 circ*mstances 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.
Sure thing! In the context of real estate law in California, especially concerning lease agreements and notice requirements, I've got you covered.
California law generally recognizes email as a valid form of written notice, provided both parties have previously agreed to communicate via email. In the scenario you mentioned, where you've been engaging in lease renewal discussions through email for a couple of months before informing the property management about your decision not to renew, that email notification is likely considered a valid form of notice.
The key lies in whether your lease agreement specifies a particular method or location for delivering the notice of non-renewal. If it's vague and doesn't stipulate the method or delivery location, the email notice should suffice, given your prior communication practices.
However, it's always advisable to err on the side of caution. Consulting with an attorney or a tenant rights organization would be prudent to confirm whether email qualifies as acceptable written notice in your specific situation. This step could help ensure you're on solid legal ground.
Should the property management persist in disputing your notice and attempt to charge you $2600, you might have grounds to challenge this charge in court or through a dispute resolution process. Again, seeking legal advice or assistance from a tenant rights organization will provide a clearer understanding of your rights and available options in this scenario.
In summary, while email communication generally suffices as written notice under California law, seeking professional counsel tailored to your circ*mstances can provide added clarity and protection in a dispute.
Regarding the article you shared, it addresses the following concepts:
-
Contracts: Refers to the legally binding agreement between parties, often stipulating terms and conditions for various transactions, in this case, a lease agreement.
-
Real Estate Law: Pertains to laws and regulations governing property, including leases, ownership, transfers, and tenant rights.
-
Landlord-Tenant Relations: Deals with the rights and responsibilities of both landlords and tenants within a leasing agreement or rental situation.
-
Written Notice: Refers to the formal communication method required in legal contexts, such as lease terminations, where a specific duration and method might be specified.
-
Email as Legal Communication: Discusses the validity of email as an accepted form of written notice under certain circ*mstances, contingent upon prior agreement between parties.
The response emphasizes the importance of understanding one's rights and the specifics outlined in the lease agreement to ensure compliance and protect oneself legally.
