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Notices by email?

Frequently when homeowners are self managing their property they make the assumption that if they are logical and reasonable that their actions will be considered valid.  Be aware that this is not the case in California.  Legislators make laws about situations that they do not understand and judges do not use their heads in making rulings.

A perfect example is the trouble a landlord would experience if he communicates move out notice by email.  Let’s assume that email is the typical means of communication between the landlord and the tenant so when the landlord decides to have the tenant move out he communicates this by email.  The tenant acknowledges the email and agrees he will be out.  Then on move out date the tenant does not leave so the landlord’s recourse is to file an unlawful detainer.  Although all parties acknowledge the communication, the intent, and the agreement, it would be a California “judge” that would throw the case out of court because the notice has to be served a very specific way and cannot be by email.

The law specifically requires that notices be in writing (not just electronic) and personally served upon the tenant (or by substitute service).  If you are a landlord do not ever feel that a “judge” will do what is fair and reasonable because they actually do not judge, they rule.

If you ever have to give your tenant notice to move out, make sure you cross your “t’s” and dot your “i’s” because if you have to enforce your notice it will be necessary.  For the details of how to do this see http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml.  This is an excellent source of information.

Posted by: americanheritageproperties on March 10, 2014
Posted in: Uncategorized