Ask Experts Questions for FREE Help !
Ask
    sandycheeks68's Avatar
    sandycheeks68 Posts: 13, Reputation: 1
    New Member
     
    #1

    Mar 21, 2012, 04:22 PM
    Can a landlord move into home before our 30 day notice is up
    We have been given notice and now landlord wants to move in here before our 30 days our up
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Mar 21, 2012, 04:29 PM
    Hello s:

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

    excon
    sandycheeks68's Avatar
    sandycheeks68 Posts: 13, Reputation: 1
    New Member
     
    #3

    Mar 21, 2012, 04:35 PM
    Thank you, I thought that was the answer but I want to see the law that states this in writing :-) Ca Landlord/Tenant handbook doesn't 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 didn't 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
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #4

    Mar 21, 2012, 04:43 PM
    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 going to 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
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Mar 21, 2012, 04:53 PM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Mar 21, 2012, 04:59 PM
    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.
    sandycheeks68's Avatar
    sandycheeks68 Posts: 13, Reputation: 1
    New Member
     
    #7

    Mar 21, 2012, 05:54 PM
    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 that's 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 their 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 their 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 I'm 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!!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Mar 21, 2012, 06:14 PM
    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.
    sandycheeks68's Avatar
    sandycheeks68 Posts: 13, Reputation: 1
    New Member
     
    #9

    Mar 21, 2012, 06:27 PM
    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 I'm 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 received 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 forfeit their 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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Mar 22, 2012, 03:21 AM
    "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.
    sandycheeks68's Avatar
    sandycheeks68 Posts: 13, Reputation: 1
    New Member
     
    #11

    Mar 22, 2012, 06:50 AM
    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? Wouldn't we have until the 18th of arpil?
    Calif law states clearly they need to give us "proper" notice and this I don't believe is proper notice, I don't 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 :-)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #12

    Mar 22, 2012, 07:40 AM
    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #13

    Mar 22, 2012, 08:37 AM
    Quote Originally Posted by sandycheeks68 View Post
    ...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? ...
    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.
    sandycheeks68's Avatar
    sandycheeks68 Posts: 13, Reputation: 1
    New Member
     
    #14

    Mar 22, 2012, 08:51 AM
    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 don't 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 won't 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 can't stand not knowing stuff :-)
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #15

    Mar 22, 2012, 09:08 AM
    Quote Originally Posted by sandycheeks68 View Post
    ...
    Now the other problem here: ... So if ... they order him to pay, he only has disability income, will they deduct that type of payment from his disability?
    If you have to take him to court, and you are successful, 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 seize (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 successful 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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #16

    Mar 22, 2012, 09:49 AM
    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.
    sandycheeks68's Avatar
    sandycheeks68 Posts: 13, Reputation: 1
    New Member
     
    #17

    Mar 22, 2012, 10:08 AM
    I found the answer. Thanks guys & gals!
    sandycheeks68's Avatar
    sandycheeks68 Posts: 13, Reputation: 1
    New Member
     
    #18

    Mar 23, 2012, 07:45 AM
    HAPPY FRIDAY ALL YOU WONDERFUL FOLKS WHO HAVE HELPED ME HERE! I wanted to let you all know what happened yesterday and get your opinion if that's OK.

    Ok here it is: (Long version short I promise): Owner called night before 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 their 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, though 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 what's 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 can't talk to my roomie, they got upset, I explained I'm speaking for him cause he is unaware of the law, they got mad, they got mad cause we refused to sign, then they wouldn't 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 you 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 won't leave, cop told them over and over AND OVER that they can't force us to sign and that the OWNER (them) they had to leave and if you (owner) want them out sooner you'll have to go to courthouse and file to do so, this made them really upset. But cop made them leave, they will have to file with court end of story. They didn't 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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #19

    Mar 23, 2012, 07:52 AM
    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 going to take 3 weeks to happen, and if you lose, it's going to 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
    sandycheeks68's Avatar
    sandycheeks68 Posts: 13, Reputation: 1
    New Member
     
    #20

    Mar 23, 2012, 08:31 AM
    Cool. I certainly plan to be out, Im not one to stay and do that sort of thing anyway, its not how I roll! LOL I had to say that sounds funny since Im 43 now! Anyhoo my name isn't 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 doesn't turn on me (ya never know) and hand over everything to owner before the 20th. My fingers and toes are crossed (actually I can't 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

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can a Landlord give me a 3-Day notice plus a 30 Day notice to quit all at once? [ 7 Answers ]

Hello I need to please know what is the legal procedure to an eviction notice? My fiancé and I and my 3 children use to live in Buena Park in Orange County and we still currently work in Orange County and comute Mon-Fri about 1hr and 15mins each way. When we heard from a far away causing...

My landlord gave me a 3 Day Notice To Quit after I had given him a notice to move by [ 17 Answers ]

My landlord gave me a 3 Day Notice to Pay or Quite after I had given him a notice to Vacate by 3/1/10. In the notice I included that my double deposit was to be used for rent. I feel this is very retaliatory as the deposit covers 2 months of rent, which I will be out before the full two months,...

Landlord must give 30 day or 60 day notice t0 vacate? [ 5 Answers ]

Has the laws changed, and now require a landlord with a tenant of 5 years, in a month to month rental agreement, to give the renter a 60 day notice to move? My landlord has sold her house and wants me out in less than 30 days. Please help? Is there another resource or a state law # I can look...

Landlord accepts keys and one day rent check with 1 week notice to move out then. [ 7 Answers ]

My rent was raised a full 10% last September and I could no longer afford To pay such high rent and was scared it would be done again this year so I Called the property manager and told her I would be leaving unless she Would call the owner and let them know I am a single parent struggling...

Tenant give landlord 30-day notice, then doesn't move.Now what? [ 2 Answers ]

Tenant in California, gives landlord a 30-day notice to move. Now 30-days is up, tenant is current on rent, but is not moving. Can the landlord file an unlawful detainer using the TENANT's 30-day notice and it will hold up? Or does landlord have to serve their own 30-day (or 3-day notice if...


View more questions Search