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Can I give 30 days written notice to move out if landlord is on vacation by leaving a dated letter for him and emailing it also?

Oakland, CA |

I am giving 30 days notice and my landlord is on vacation. Can I give a printed, dated letter with intent to vacate for him (he lives downstairs) AND email a dated copy to him? Will the 30 days still count from the date I give/send it or do I have to wait until he is back?
Thank you!

Attorney Answers 2


  1. You should look at your written lease / rental agreement and follow the instructions in the Notice section.

    If you do not have a written lease or rental agreement, you should mail the letter either: (1) Certified Mail with Return Receipt with a copy via email or (2) Priority Mail with Delivery Confirmation with a copy via email. In the letter, you should write how you are sending the letter and below your signature you should write, Original sent by XXX with copy by email to XXX email address.

    Keep a copy of the letter and the receipt for mailing for your records and be sure to take plenty of pictures before your move out.

    Disclaimer. Ms. Marsh is an attorney licensed to practice in California. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship. Ms. Marsh strongly advises the questioner to consult with an attorney to thoroughly review his or her particular circumstances and for advice tailored to his or her specific circumstances.


  2. Your landlord's vacation should not affect the validity of your notice, unless the lease states that the notice is effective upon actual receipt. As long as your lease does not have a provision like that, you should simply follow the instructions for giving notice regardless of your landlord's vacation plans.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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