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Last night my roommate finally gave me a written "30-day notice of Termination of Tenancy" about four days after discussing it verbally, and after I've been here over two years. I have not signed it because when he gave it to me, I let him know the California law says if a tenant has been at the property more than a year, they are obligated to a 60 days notice. I currently don't have much issue finding another place. My GF and I are moving in together as we save for a house, but the principal of it all rubs me the wrong way. There's a reason no one comes to visit him!
Anyway, he then says "no you're a lodger. California code C-something-something" states a tenant only has 30 days". I ask him what's the difference between a lodger and subtenant, and he says it's because I'm renting a room in a house so I don't get the same rights. In my head I'm just like WTF no I'm sure you're 100% wrong. He wrote in pen on the notice that "full rent is due on September 1st", but then there is nothing about the return of my security deposit, which is half month's rent.
Also he had the date near the signature wrong at the bottom. Overnight he tapes a new one to my door and says the date mistake is "not a big deal" even though I never brought it up to him. Glad he noticed this though because you should always make sure your documents are correct as a lawyer before bringing them to someone to sign.
My question is, how should I approach this? This guy is a 42 year old aspiring lawyer. He has taken the bar at least 5 times since I've been here, and has taken it a few times before I got here. Now I know the bar is super hard but he acts like a know-it-all lawyer already! Why just try low key blame not passing it on me. It's annoying but pretty funny at the same time especially when he does things like this (wrong date, etc.).
That's why I'm trying to watch how I approach him about my security deposit and the 60 days because he'll try some funny business. I'd like to forgo my security deposit since I'm leaving before the 60 days. I was able to save a good bit living here but I'm ready to move in with my GF now in a new place. I never want to me in my 30s or 40s+ and have to get a roommate.
Cliffs:
Roommate is an aspiring lawyer but he doesn't look up simple tenant laws. His literal reason for kicking me out is "I need my own headspace for the bar", which he's taken about 10 times (5 of those with me here)
Tells me that I'm a "lodger" not a subtenant, so I don't have the same rights
Spouts off some CA code that's not very clear
I'm fine with moving cause my GF and I planned on living together in December so just a tad bit early
He provides written notice yesterday I need to be out in 45 days, but I think I legally have 60 days
Does not appear to want to return my security deposit, which is half month's rent (wasn't in the notice)
Had the wrong dates near the signature of the termination notice
Based on the title he does not own it so you are correct the 60 day notice applies (California Civil Code Section 1946.5(c) and (d)). I'm not sure why you think the civil code he spouted off wasn't very clear; for a law it's extraordinarily clear. If he does own it then he is correct and only requires a 30 day notice.
Quote:
CHAPTER 2. Hiring of Real Property [1940 - 1954.05] ( Chapter 2 enacted 1872. )
1946.5.
(a) The hiring of a room by a lodger on a periodic basis within a dwelling unit occupied by the owner may be terminated by either party giving written notice to the other of his or her intention to terminate the hiring, at least as long before the expiration of the term of the hiring as specified in Section 1946. The notice shall be given in a manner prescribed in Section 1162 of the Code of Civil Procedure or by certified or registered mail, restricted delivery, to the other party, with a return receipt requested.
(b) Upon expiration of the notice period provided in the notice of termination given pursuant to subdivision (a), any right of the lodger to remain in the dwelling unit or any part thereof is terminated by operation of law. The lodger’s removal from the premises may thereafter be effected pursuant to the provisions of Section 602.3 of the Penal Code or other applicable provisions of law.
(c) As used in this section, “lodger” means a person contracting with the owner of a dwelling unit for a room or room and board within the dwelling unit personally occupied by the owner, where the owner retains a right of access to all areas of the dwelling unit occupied by the lodger and has overall control of the dwelling unit.
(d) This section applies only to owner-occupied dwellings where a single lodger resides. Nothing in this section shall be construed to determine or affect in any way the rights of persons residing as lodgers in an owner-occupied dwelling where more than one lodger resides.
As for the security deposit I'll let other people respond but you are jumping the gun on that one. Wait for him to break the law then go after him for it though, don't remind him about it until he has broken the law as it is much more beneficial for you that way.
I don't think the date "issue" matters in the slightest. Don't grasp at straws it isn't helpful to you at all just stick to the facts.
Based on the title he does not own it so you are correct the 60 day notice applies (California Civil Code Section 1946.5(c) and (d)). I'm not sure why you think the civil code he spouted off wasn't very clear; for a law it's extraordinarily clear. If he does own it then he is correct and only requires a 30 day notice.
As for the security deposit I'll let other people respond but you are jumping the gun on that one. Wait for him to break the law then go after him for it though, don't remind him about it until he has broken the law as it is much more beneficial for you that way.
I don't think the date "issue" matters in the slightest. Don't grasp at straws it isn't helpful to you at all just stick to the facts.
Thanks. Guess I didn't know the law since he is the owner of the condo unit and I'm only renting a room/my own bath in it. The lodger rights are kind of muddy in my opinion. The statute could certainly be more clear on that. I'm a lodger but also on a month-to-month agreement and have been on it for 2 1/2 years. I figured you would receive more rights the longer you stay at an owner-owned property, especially if you're splitting utilities and it's been pretty smooth the whole time. People can be very weird and bitter! I can't wait until I own.
[*]I'm fine with moving cause my GF and I planned on living together in December so just a tad bit early[/list]
Take out all the drama and this is the important piece.
Tell him that you'll agree to move out within 45 days, remind him of the security deposit, and insist on a move out inspection to ensure there are no unexpected deductions from the security deposit. Take good photos of your room before you move out in case he tries something underhanded.
he is the owner of the condo unit and I'm only renting a room/my own bath in it.
There it is. You're a lodger.
Quote:
Originally Posted by DabOnEm
The lodger rights are kind of muddy in my opinion. The statute could certainly be more clear on that. I'm a lodger but also on a month-to-month agreement and have been on it for 2 1/2 years. I figured you would receive more rights the longer you stay at an owner-owned property, especially if you're splitting utilities and it's been pretty smooth the whole time. People can be very weird and bitter! I can't wait until I own.
I’m confused, how does ‘a periodic basis’ equal a two year tendency? With a month to month lease?
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