Will a 30 day verbal notice stand up okay in court if a 1 yr apartment lease asks for written notice?

Question

My daughter signed a 1 year lease for an apartment in Southern California. She gave verbal notice to the office, she called them twice with regards to questions upon her moving out about dropping off the key, where can the u-haul truck be parked and if there was anything else they needed? So 30 days is almost here and she called them on another question and they said the verbal did not count as notice that she still had to give a 30 day written notice and they want to charge her rent. Her lease expires on July 31st and she plans to vacate July 31st. They want her to pay for August becaue they said the verbal didn't count even though she asked them if there was anything else she needed to do. She is a college student and didn't realize the contract asked for "30 day written notice". Is there any recourse? Does she have to pay?

Answer 1

I am not sure on that states laws. However they can make her pay for time allowed in the 30 day notice. Say she puts it in on the 15th of July then she has till the 15th of August to leave and they could make her pay for those 15 days since they are part of the 30 day notice. With a 30 day notice that is stating that the complex can not re-rent, show or go into this apartment even if she turns in the keys. 30 day notice are best when given on the 1st of the month.  By law she has the right to re-enter that apartment with in the time allow of the 30 days. She may not want to but by law she is allowed to.  It is mostly for her protection.  I would have her put a 30 day notice in as soon as possible.

Answer 2

She has to pay.

As a college student she should be able to read the lease. If it clearly says "30 day written notice" it can't be much clearer.

Answer 3

Of course she has to pay. When you sign a contract you’re saying “I agree to the terms of this contract.” You can’t argue later that you didn’t agree with it.

She just learned a valuable lesson. In real estate, nothing is relevant unless it’s in writing.

Answer 4

Sorry, but if she's a college student, she should be able to read well enough to understand what "30 day written notice" means.  Sounds like she's stuck with paying the extra month.

Answer 5

everything should be in writing when dealing with contracts.

Answer 6

If the lease says that written notice is required, then that's the end of it - she has to send written notice.  That doesn't mean she can't move out when she planned on, it just means that she's still responsible to pay the rent on time.  For that time, she'll be paying rent on two units.  Live and learn, I guess.

Answer 7

Yup, she will have to pay.  If she is in college, I gather that she's bright enough to read her entire lease, including the part which indicates that notice to vacate must be in writing.  One month's rent is an inexpensive lesson for her for the future.  I guarantee that she will not make the same error again.

Answer 8

Sorry.

Barring some type of breach of contract on the part of the landlord, she has to pay if she agreed to such in writing.

And FYI, although verbal contracts for leases or real property may be deemed valid in a court, they are almost always deemed unenforceable.  And certainly, they will always take a back seat to a written contract.

She has to pay.