Can a landlord move into home before our 30 day notice is up

if the notice is dated 4/20/12 and the notice was handed to us on the 18th why would we have until the 30th? wouldnt we have until the 18th of arpil?
Calif law states clearly they need to give us "proper" notice and this i dont believe is proper notice, i dont know , what i do know is we need to have those 2 weeks to continue looking for a place

fyi (lol) studios start here around 1200.00 month abd this price is in a the worst part of san jose! lol! Dang this is a tough one. ty again i need coffee now so i can think better :-)

Initially you said the date was left blank. On rereading I see the Tenant filled in 4/20. If it had been left blank, my interpretation of using a calendar month would be stronger. But if the Tenant filled in 4/20 and the landlord signed it with 4/20 written in, then 4/20 is what the courts will likely go by.

Yes, you do.

I suggest that you give the police a "heads-up" and ask that they be prepared to show up at that time.

so 4/20 Would be the date we need to vacate by. I thought that was the case. This is fine. I have another question for you if you dont mind me asking...... :-)

Now the other problem here: My landlord "Main tenant" rented me the room, gave me a receipt stating amount i paid for first month rent and the amount i gave for deposit and it says "deposit"
now he is telling me I prob wont get it back, then few days later he says because of my kid he will see what he can do. (Long story short) So if the 21 days go by, I get nothing, take him to court, they order him to pay, he only has disability income, will they deduct that type of payment from his disability? I hate to go this route but its 680.00 bucks! Im a single mom here! With epilepsy! If the court orders him to pay how would he pay if there is such a limited income?If your tired of me at this point i totally understand lol, but i cant stand not knowing stuff :-)

If you have to take him to court, and you are sucessful, you will get a judgment. At that point, you can get what's called a "writ of execution". You have a process server, with the writ, levy upon his assets. If what you sieze (money in his possession, for example) contains the disability funds, he may (depending on the law in your state) attempt to assert exemption rights to that money. Whether he is sucessful will depend upon the law and how the judge applies that law.

Alternatively, you could get a writ of garnishment directed against whomever is supposed to pay him the disability, or the bank where he has deposited the check. Again, there are procedures to litigate whether that is exempt.

Getting the judgment is easy, collecting is another story. Have you paid the April rent yet? If not, I would suggest that he apply the deposit towards that. If you don't pay April, it would force him to go to court to evict you. Given the timing, it may not happen.

I found the answer. Thanks guys & gals!

HAPPY FRIDAY ALL YOU WONDERFUL FOLKS WHO HAVE HELPED ME HERE! I wanted to let you all know what happened yesterday and get ur opinion if thats ok.

Ok here it is: (Long version short I promise): Owner called night b4 last, said they were coming with the son to talk to us more the next day at 5:30pm (we were very nervous about son remember?) Next day they called at noon and said they were on thier way. They showed up with policeman to "witness" the document they brought us. When we opened the door and saw the cop we knew right away this was not going to be pleasant. (we prepared home for a meeting inside, cleaned and everything, we even set up camera's! But with the cop being here we did all talking outside. Cop left and we got into a blunder of conversation and they had 2 more documents in hand they wanted us to sign....We DID NOT SIGN ANYTHING, tho we took the one unsigned and undated copy, refused to sig, they kept telling us we had to be out by the 1st. I was speaking on behalf of my roomie cause he knows nothing about the law. Here is what the document said word for word, (let me know your thoughts folks)

NOTICE TO TERMINATE
TO: UNKNOWN PARTIES OF POSSESSION (it said it like that, no names were listed in that part)

ADDRESS 1234 BLAH blah blah (our address was listed here)
Some City, CA 12345

PLEASE TAKE NOTICE THAT YOUR TENANCY AY (RENTAL PREMISES ADDRESS) (IT ACTUALLY SAID THAT! NO ADDRESS WAS PUT THERE) IS HEREBY TERMINATED AS OF APRIL 1 2012 AND YOU ARE HEREBY REQUIRED TO QUIT AND SURRENDER POSSESSION OF THE PREMISES TO THE UNDERSIGNED NO LATER THAN THAT DATE.
THIS NOTICE NOTICE IS INTENDED AS A LEGAL NOTICE FOR THE PURPOSE OF TERMINATIONG YOUR TENANCY IN ACCORDANCE WITH CALIF CIVIL CODE SECTIONS 1946 1946.1.
THIS NOTICE OF TERMINATION IS SERVED UPON YOU BECAUSE THE LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF THE RENTAL UNIT FOR USE AND OCCUPANCY BY THE LANDLORD OR THE LANDLORDS SPOUSE, CHILDREN, PARENTS, GRANDPARENTS OR GRANDCHILDREN. THE DATE, PLACE, WITNESSES, AND CIRCUMSTANCES CONCERNING THE ABOVE ARE AS FOLLOWS:

DATE 3/22/2012

SIGNATURE: (There was no sig from them and they wanted us to sign this, I told my roomie NOT TO SIGN ANYTHING MORE)

You tell me whats wrong with this? Looks to me like they copy and pasted something they found on the internet.

THEN they left, aaaand showed up again about 20 minutes later with new documents to sign (LOL) This "New" document was clearly a photocopy of the one they originally gave us (with clear changes made to it) that my roomie signed, the one that is "Kinda" a 30 day notice, this time they wanted my roomie to sign it again below his original signature and to fill in that blank spot for the date. When they showed up, I MADE MY ROOMIE STAY INSIDE AND NOT SPEAK, I went out to talk to them said "No you cant talk to my roomie, they got upset, i explained im speaking for him cause he is unaware of the law, they got mad, they got mad cause we refused to sign, then they wouldnt leave and i told them at this point we have until the 20 th and to please leave now or ill call the police. Well I ended up calling police, this cop was quite upset at owners when he hot here. I came out and appologized to the officer for this and said i know there are better/important things u could be doing right now, cop agreed but was clearly pissed. I told cop: bottom line they gave us notice, we have till the 20th and now they keep showing up with documents they want us to sign, we refuse to sign them and now they wont leave, cop told them over and over AND OVER that they cant force us to sign and that the OWNER (them) they had to leave and if you (owner) want em out sooner you'll have to go to courthouse and file to do so, this made em really upset. But cop made them leave, they will have to file with court end of story. They didnt dig that AT ALL!

But for all you folks out there, THANKS FOR ALL UR HELP! IT HAS BEEN HELPFUL! VERY. This is crazy huh.

Hello again, s:

For all the trouble, it looks like nothing more than a 30 day notice.. Big deal. He could have MAILED it.

But, all it means to YOU, is that if you're NOT gone after 30 days, THAT'S when he can file an eviction lawsuit. The hearing is probably gonna take 3 weeks to happen, and if you lose, it's gonna take another week or so before the sheriff shows up to physically throw you out..

Therefore, it looks like you've got PLENTY of time to move out. I'm also assuming that YOUR name doesn't appear on any of the documents, so YOU won't be sued.

Relax...

excon

Cool. I certainly plan to be out, Im not one to stay and do that sorta thing anyways, its not how I roll! LOL I had to say that sounds funny since Im 43 now!! Anyhoo my name isnt on the lease. I was doing all this for the "Main Tenant" to buy him time and that buys me time too cause if he vacates say the 1st April tells the landlord he is gone hands over keys then owners have have me thrown out in 3 days. My roomie and I are really working together on this so no one is left out in the cold and that everything is done legally. Im relaxing now and hoping NOW roomie doesnt turn on me (ya never know) and hand over everything to owner before the 20th. My fingers and toes are crossed (actually i cant cross my toes without that horrible cramping thing happening!! LOL) ANYHOOOOO THANKS EVERYONE!! And my name is Beth, got the name sandycheeks from spongebob! Love that squirrel!!! :-D Have a great weekend y'all!

Beth