More details to this question:
My landlord and I communicate by text. My lease requires "60 + days written notice" to exercise my second year option. I did so 70 days prior to my first year expiration. He acknowledged my text. He is now saying 3 days before my first year expires that I am on month to month as texts don't count for written notice. Is this legal? As always, since day 1, I relied upon our texts and my home office is here as well.
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You should be fine, keep a copy of your text message and the landlord's acknowledge, to show the court if needed.
Answered on Oct 28th, 2016 at 7:02 PM
The text notice is in writing, it is just a different form than a handwritten letter [which is different from a typed letter]. The legal distinction is that it is not oral. Moreover, since your communications has always been by text, it was reasonable for you to assume a text notification would be acceptable. He should have immediately informed you it was not. In California, a tenant has to give only a minimum of 30 days notice so it is possible that term of your contract might be void as being against state law. If the contract actual states "70+" days, it might be invalid as it is vague as to what time limit exists.
Answered on Oct 28th, 2016 at 7:01 PM