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Can I Withdraw My 30 Days Notice to Vacate?

Posted by Simon Clarke on April 08, 2000 at 04:25:09:

Venice, Los Angeles, California

A couple of weeks ago I gave my roommate and landlord written notice that I would be vacating the apartment in 30 days, as required in the written lease, see below (and possibly in the local tenant/landlord law.)

I am having second thoughts of moving to my new place. Can I withdraw my vacate notice, without threat of eviction? (Other than an annoyed roommate who has already found somebody to replace me.)

I am not behind, and am current with all rent payments. My last month's rent, held by the landlord, is currently being used for my last month, and the landlord still holds my security deposit.

Any advice would be appreciated i.e. would I be able to "unwind" my notice to vacate, and if so, what wording should I use in a letter to my landlord and roommate?

Thanks, Simon.


The related clause in my rental agreement is as follows:

"15. Notice of Termination/Change of Terms: The tenancy may be terminated, subject to Renter's liability for unpaid rent under paragraph 4 hereof, upon the expiration of 30 days following the services of one party on the other of a written notice setting forth the intention of such party to terminate the tenancy. Any condition of the tenancy shall be deemed changed upon the expiration of 30 days, following the service of Owner or Renter of a written notice setting forth the change in such condition."


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