Eviction Notice Did I give my sub-tenant a valid 30-Day to Terminate Tenancy?

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WilliamC

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In Los Angeles, I share my two-bedroom apartment with a man to whom I sub-let my spare bedroom, pursuant to an oral month-to-month rental agreement. Our apartment building is not subject to the local rent control ordinance.

The sub-tenant has resided in my apartment for only 4 months. On November 4, 2012, I left him a notice to vacate; but he still remains.

The notice contained basically the following text:

____


November 2, 2012


To (His name here),


Please vacate the premises by November 30, 2012.


William C...


_____

Does the above writing suffice as valid 30-Day Notice to Terminate Tenancy, upon which I can base an unlawful detainer action?

1. I did not use a third-party to serve him with that notice; I merely left the notice on kitchen table for him to pick up.
2. I did not sign it; I only typed my name at the end.
3. I did not specifically identify the premises which I required him to quit and surrender, i.e., the full address and apartment number of the premises.
4. The notice only provided him with 28 days to move, not thirty. But, now it's December 26 and more than 30 days has passed since I left him the notice.


____

California Civil Code §1946

A hiring of real property, for a term not specified by the
parties, is deemed to be renewed as stated in Section 1945, at the
end of the term implied by law unless one of the parties gives
written notice to the other of his intention to terminate the same,
at least as long before the expiration thereof as the term of the
hiring itself, not exceeding 30 days; provided, however, that as to
tenancies from month to month either of the parties may terminate the
same by giving at least 30 days' written notice thereof at any time
and the rent shall be due and payable to and including the date of
termination.


____

California Civil Code §1946.1

(a) Notwithstanding Section 1946, a hiring of residential
real property for a term not specified by the parties, is deemed to
be renewed as stated in Section 1945, at the end of the term implied
by law unless one of the parties gives written notice to the other of
his or her intention to terminate the tenancy, as provided in this
section.
(b) [¶] ... [¶]
(c) Notwithstanding subdivision (b), an owner of a residential
dwelling giving notice pursuant to this section shall give notice at
least 30 days prior to the proposed date of termination if any tenant
or resident has resided in the dwelling for less than one year.

[¶] ... [¶]


____
 
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I count 26 days between November 4 and November 30.
I would say you did not give sufficient notice, however now that it is almost January you have actually allowed nearly 60 days.
You should be OK to proceed.
 
Hi,


I was also concerned that certain of my omissions with the Notice might make it fatally defective in any subsequent unlawful detainer action:


  1. Was it okay that I merely left the 30-Day Notice for him to find, as I did not use a third party to serve him with that notice?
  2. Was I supposed to have signed that Notice?
  3. Is it a legal requirement that a landlord specifically identify the premises which is the subject of the 30-Day Notice to Terminate Tenancy? That is, must the landlord include therein the full address, including the apartment number of the premises?



Thank you,

WilliamC
 
CORRECTION:

I erroneously wrote that I left him the Notice on November 4; the correct date is November 2.

That said...


The Notice only provided him with 28 days to move out, not 30 days. Does that invalidate the Notice? After all, it is now December 26 and more than thirty days has now passed since I left him that Notice.
 
Your initial notice does not require legal service. These notices are often mailed, posted to a door, or delivered personally. In your case, leaving the notice in a common area was likely sufficient.
The lack of a signature is not significant.
The lack of any details in the notice is something for the other party to raise. In doing so he will have to acknowledge receipt of the notice. It seems your notice was quite direct and it would be difficult to argue there was confusion as to which residence to vacate. I think your notice is fine.
Had you filed for the unlawful detainer immediately you may have had problems if challenged due to the short notice. Having waited more than 30 days you should be OK, however it would have been better if you had issued additional notices.
If the question should be raised as to why you waited so long you should have an answer.
 
Once again, I gave him the Notice on November 2.

(I had problem entering correction, as the forum editor kept disallowing me.)

It is my two-bedroom apartment. I sublet the spare bedroom. The sub-lessor pays me. His name is not on rental agreement.

I accepted no rent for December.
 
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