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

Hello s:

No, he can't. If he shows up, don't answer the door. If he comes in, call the police.

excon

Thank you, I thought that was the answer but I wanna see the law that states this in writing :-) Ca Landlord/Tenant handbook doesnt answer this question for me, so I am still looking. I appreciate all answers from y'all out there!! If someone knows where I can find this law online (calif) so I can present it to landlord this would be great. I didnt mention that owners are very russian and do NOT speak the best english nor are they aware of ANY CA Rental Laws. This has been a tough one. Thanks again out there

Hello again, sandy:

You won't find this particular situation addressed in your landlord tenant laws... It's just UNDERSTOOD, that while your lease is in effect, it's essentially YOUR property. Your landlord has NO rights BEYOND those spelled out in your written agreement. If your landlord doesn't understand that, then you're NOT gonna teach them in the time you have left. All you can do is PROTECT your rights.

In addition to my advice above, I'd write your landlord a certified letter explaining that the property is YOURS until your lease expires, and you'll be HAPPY to turn it over to him at that time. Send the letter return receipt requested... That'll protect you further.

excon

He may buy out your time if he wants in earlier, If you are not paid in full he can try to evict you for non payment, but you have legal rights to property though the last day you are paid to.

Read your lease. The lease will list your rights. But as the others have said, until your lease has terminated the property is yours.

But you haven't given us a lot of info. You asked for statutes, but didn't give us your location initially. You say you got a 30 day notice, but you don't state the circumstances. Was it a notice of non-renewal? Are you a month to month tenant?

But if the landlord wants to move in early, ask them to pay your moving expenses for you to move out earlier.

ok I'll be more specific, And make it short and sweet.
Im subleasing a room (renting a room from main tenant) He owes backrent, there is no written or formal agreement, (Im aware the court view this as a written contract) he has been here for 6 plus years, in november he and landlord worked out an agreement verbally to fix the back rent situation thats due, and since then rent has been paid on time every month which there is proof of. (Waiver of rights?)
Owner showed up on March 18 with a 30 day notice in hand this is the notice word for word here:

Dear "Tenant" (lets keep this private)
This letter is to inform you that you have to evict the property that you are currently residing in, which is the legal property of {names removed}. During the time you lived here you were often late of payment and your debt to the owners exceeded "this much $". Hence, you are requested to vacate the property within one month time to__________ (this area was left blank when owner showed up) When owner was presenting this to us the "Tenant" wrote in 4/20/12. If you fail to do so, the undersigned may begin the eviction proceedings against you.

Now here is the thing.....The husband signed the document, the wife did not
They left here without filling in the "Blank Date Area" and filled in thier own date at a later time 4/3/12
So they are telling us we have to vacate by the 3rd of April instead of the 20th.
So now they called us today saying they will be here tomarrow at 5:30pm and they're bringing thier 2 sons who have a huge history of being trouble makers (fear tactic?) So now we have 2 documents with different dates and they want to come over with the 2 sons who happened to be huge russian guys (Im a mom who is not into violence and im scared to death)
So do we have the right to deny them entry and if they try can we call the police? Did I provide enough details? I have more details (Im sure you know) but I want to keep it to the point if I can. THANKS SO MUCH ALL YOU WONDERFUL FOLKS!!!

Well one problem here is that you have no legal standing. You are the tenant of the leaseholder. They can evict THEIR tenant, but you have no standing.

Was the notice signed and dated, by one of the owners? Another point is the notice says one month's time, not 30 days. Therefore, it could be argued that since the notice was given on 3/18 you have until 4/30 to vacate.

However there is another problem. Since their tenant is behind, they could use a 3 day pay or quit notice to termintate tenancy. So they could terminate your tenancy much earlier.

I would suggest you make arrangements to move ASAP.

But as far as their taking possession, they can't do that without a court order.

Thanks for the quick reply. I know as a subletter I have no rights against the owner, but i do have a separate issue with him that we will handle outside of this problem.

What does with in mean? that one sentence confused me. and the ONLY reason im helping him fight this is because i have a son and we need the time to look. my landlord "main tenant" gave me written notice on 18th cause his landlord owner gave him the same but the one sentence confused me He has to vacate within a months time dated 4/20/12 (notice was recieved march 18) Getting the extra time will certainlly help me with more time to find a place and it will help "main tenant" to find a place with more time.

Yes notice was signed by the husband

yes "main tenant" is behind in rent but in the tenant/landlord handbook it clearly states that if the owner continues to accept rent from the main tenant after the fact he is behind in rent they forfiet thier right to evict on the basis that they are still collecting rent, and its been on time for quite awhile now and yes main tenant has been behind for quite awhile (I was unawre until recently) Im still reseaching this one though.

what is difference between 30 days and one months time? This is so confusing. Why would we have till the 30th of april instead? Sorry for sounding like a dumb bell here. Im still learning and trying very hard. Thank you again

"within" just means by the deadline. The difference between 30 days and one month is a Month is a calendar division. So when someone says a month, it could be construed to mean a full calendar month. So if notice was given during March, one full calendar month would end at the end of April. Many states have rules that say notice has to cover one full rental period (though I believe CA isn't one). So the law does differentiate between a 30 day period and a month.

But this argument would have to be argued in court. So if the landlord pursues an eviction order if main tenant (and you) are not out by the date he thinks is valid, you get a hearing. At that hearing, you argue that the wording of the notice, especially since no specific date was filled in when the notice was given could be interpreted to mean one calendar month and that you intend to be out by 4/30.