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Can landlord evict at the end of a lease after rescinding verbal offer to renew the lease and giving less than 30 days notice?

San Jose, CA |

I have a lease in effect until the end of the month (June 30, 2013). Two months ago, my landlord sent an offer to renew the lease, which resulted in me not looking for a new place to live. Upon accepting his offer, he then said that he wanted to increase the security deposit which I contested. He then took back his offer to renew the lease and is insisting that I move out at the end of the month.

I relied on my landlord's offer to renew the lease, so I haven't began looking for a new place to live because I assumed that I would be staying in my current location. However, there is no written agreement that extended the length of the term. Is there any recourse for me in this situation?

Attorney Answers 1


Possibly, but not likely. There are legal theories such as promissory estoppel which might entitle you to monetary damages. But realistically, unless the landlord either signs a written renewed lease or accepts a rent payment from you to cover the month after June 30, 2013, you don't have much to stand on. Upon expiration of the lease, the landlord can file an unlawful detainer lawsuit to evict you WITHOUT needing to serve you with any further notice.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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