Full question:
If my landlord accepted (in writing) my verbal notice of intent to vacate, can she later charge me unpaid rent for the time period between my verbal notice and my written notice?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
The terms of your lease will determine how you can terminate it before the end of the lease term. Most residential leases require written notice for early termination. If your lease specifies written notice, that requirement will generally be enforced unless you can show that your landlord waived it.
Any claims regarding this situation will likely be governed by contract law. A court will consider various factors, including whether you had a written lease, the lease's termination terms, and whether the landlord agreed to waive the written notice requirement.
Contracts are legally enforceable agreements between parties that create obligations. An oral contract, made through spoken words, can be enforced like a written one but is harder to prove. Generally, oral contracts have a shorter statute of limitations for enforcement than written contracts.
A breach of contract occurs when one party fails to fulfill their contractual duties, causing the other party to suffer damages. Remedies for breach include monetary damages, restitution, rescission, reformation, and specific performance. Monetary damages compensate for financial losses, while restitution aims to restore the injured party to their pre-contract position.
Promissory estoppel may apply if one party relied on a promise made by the other, even if there is no enforceable contract. In such cases, it may be deemed unfair not to enforce the promise. To succeed, you must show reasonable reliance on the promise, actual reliance, and that the reliance caused harm.
For specific legal advice, consider consulting with a qualified attorney.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.