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Once a break notice has been served is cannot be unilaterally withdrawn. Even if both parties agree that the notice is withdrawn, service of the notice terminates the existing lease and creates a new tenancy by implication.
You cannot rip the notice up or withdraw it, even if you change your mind. Because California law considers such a notice given to the landlord by the tenant legally binding, your landlord will expect you to vacate the premises on the agreed-upon date and may start eviction proceedings if you do not move.
You cannot rip the notice up or withdraw it, even if you change your mind. Because California law considers such a notice given to the landlord by the tenant legally binding, your landlord will expect you to vacate the premises on the agreed-upon date and may start eviction proceedings if you do not move.
The landlord can voluntarily agree to let you take back the notice, but would typically only do so if they either had not yet rented your rental unit, or could reach an agreement with the incoming tenant to accept an alternative rental unit.
When you want to move out of your rental, you must let the landlord know in writing that you will not renew the lease. Once you give this notice to your landlord, it's legally binding, and you must comply with it. If you change your mind and decide you don't want to vacate after all, your options are limited.
Unfortunately that is not the case. Once a break notice has been served is cannot be unilaterally withdrawn. Even if both parties agree that the notice is withdrawn, service of the notice terminates the existing lease and creates a new tenancy by implication.
Break clauses Most tenancy agreements don't include a break clause, but you should check your contract for one, just in case. A break clause will usually say that either the tenant or the landlord can end the agreement early or before the expiry of the lease.
A break clause will usually specify the length of notice required to end the tenancy by both the tenant and the landlord. There is no minimum period of notice that a break clause must require in order to be valid, because the clause is a matter of contract.
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