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Old 06-22-2010, 07:29 PM
 
1 posts, read 1,179 times
Reputation: 10

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i've been renting this place since nov of last year and did not sign a lease since the landlord did not require it. Its a month to month basis contracted verbally with the agreement of at least a 30 day notice in advance from the date of moving out ..the rent amount is $565 and ive paid a deposit of $200.00. ive paid the rent in both checks and cash form even though he has always wanted it in cash. Its June 22nd now and he's asking me to move out due to some disagreement we had. I'm planning to move out anyways by end of next month. he would not listen to my explanation but insisted that leave soon. I'm so stressed out. im working, going to school and getting married soon. i have so much going on and now this disrespectful landlord! Please help me! i'm nervous since i have no lease agreement with him. Is it acceptable by law to ask someone to leave in such a short verbal notice? Will i be wrong if i pay rent and continue to stay until the end of July? Please HELP!!!
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Old 06-22-2010, 09:31 PM
 
Location: Los Angeles
5,602 posts, read 7,488,388 times
Reputation: 7405
If yor landlord wants you out, he MUST give you a written 30 day notice too vacate. regardless if you don't have a written rental agreement.
If he threatens to change locks , again, he can't do that without winning a judgement against you in court.
On july 1st, give the landlord a written 30 day notice that yo will be vacating.
Pay your july rent, and if it isn't accepted, you still are entitled to stay for the month of july.
The reason being, even though he or she may not accept your rent payment,it will take more than a month to evict you through the courts.
If the rent is accepted, your 30 day notice to vacate will be honored at the end of thirty days, and you would be expected to vacate.
Bob.
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Old 06-22-2010, 11:02 PM
 
2,879 posts, read 4,606,639 times
Reputation: 3584
Here's a PDF from the California Department of Consumer Affairs that details precisely what the above poster has said. Page 50 concerns your situation, and there are footnotes referencing the precise civil codes that you can look up and print out in preparation for disputes when you hand in your last rent payment. According to page 68 the landlord is entitled to issuing a 3-day notice, but only if you are engaged in illegal activities, not paying rent, damaging property, and/or are a criminal nuisance. I think this link should be in a sticky.
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Old 06-23-2010, 03:36 AM
 
4,120 posts, read 8,668,105 times
Reputation: 3016
What the two previous posters said is correct.

BTW, at this point, document everything. He cannot kick you out and cannot change the locks. If he tries, call the police.

Any harassment he engages in is something that you can possibly recover monetarily in court. So document everything. Also, the last months payment....make sure you cut a check. If your check book has the carbon paper, all the better so that you can prove you tried to pay and your payment was refused.
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Old 06-23-2010, 04:51 AM
 
Location: Bayshore Drive Newport Beach
77 posts, read 71,192 times
Reputation: 28
Quote:
Originally Posted by CALGUY View Post
If yor landlord wants you out, he MUST give you a written 30 day notice too vacate. regardless if you don't have a written rental agreement.
If he threatens to change locks , again, he can't do that without winning a judgement against you in court.
On july 1st, give the landlord a written 30 day notice that yo will be vacating.
Pay your july rent, and if it isn't accepted, you still are entitled to stay for the month of july.
The reason being, even though he or she may not accept your rent payment,it will take more than a month to evict you through the courts.
If the rent is accepted, your 30 day notice to vacate will be honored at the end of thirty days, and you would be expected to vacate.
Bob.
Yeah you are totally right.


But there are more than one way to skin a skunk:

If you are a girl, collect his hair put them on your bed for DNA evidence. Ask him to come around to fix something then ring the cops and have him charged with attempted rape.

If you are a guy go to his house and put some child porn in his computer then edit the date of those porn and back date them at least 12 months or more (just incase he claims you put them there) then ring the cops and have him put in jail.

Then lodge Caveat Interest against his properties claiming you did some handy work worth of $30,000 fixing the garden roof and all sorts of stuff. He wont be able to sell his properties unless he pays you $30,000 + interests, grieve money and court costs. You only need to write out invoices of various dates for works you did for him , fill out the Caveat Form then lodge it.

Drag it out in court as long as possible (if you enjoy seeing people suffer) but always have a copy of those invoices ready. It will be your words against his but he cant do jack about your Caveat. Hhahahhahahaha.

He will commit suicide in the end.

Last edited by NewportBeachGuy; 06-23-2010 at 05:15 AM..
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Old 06-23-2010, 08:10 AM
 
Location: Bayshore Drive Newport Beach
77 posts, read 71,192 times
Reputation: 28
Don't forget if he is a landlord google for his unhappy customers then build a case to seal his coffin. Also don't forget he employed you to repair the properties hence the invoices with various dates recorded on them
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