I received a 3-day Notice regarding my late rent. I paid the entire amount of my rent, but did not have the additional $85.00 needed to cover the cost of the "late fee"... I attached a note to the money order when paying the rent indicating when I was paid 2 weeks later, I would pay the additional $85.00. The day before "pay day" I came home and found a notice on my door that said, "Notice of Abandonment"... it indicated that since I had "abandoned" the property, the management would enter within 24-hours, seize all remaining property and take possession. IS THIS POSSIBLE?? When I called the office, they said I needed to pay the $85 the next day, "or else"... Aughhhh... I paid the $85.

But, seriously, can they legally do this! I found out recently that they have done this to other tenants. What is California law concerning something like this in the event I find myself in this situation again (which I hope I do not)...

No they cannot legally do this. If you fail to pay in full when served with a pay or quit notice, the next step is for them to file for an eviction order. This requires a hearing. After the hearing they can get an eviction order. If you still don't vacate by that date, they can hire a sheriff to physically remove you, but they can't do it themselves and can't do it without a court order.

This site details the process.
California Evictions (http://www.rentlaw.com/eviction/californiaeviction.htm)

I would suggest sending a copy of the law to the landlord or management company and informing them, that if they do not follow the law you will sue. Then plan on moving as soon as your lease expires, because they will not want you as a tenant.

Hello J:

I HATE landlords who think they can just run over their tenants... If this BOGUS notice was posted on the OUTSIDE of your door, where other tenants could SEE and READ it, you may very well have a strong civil case against THEM.

I'd visit a lawyer if I was you.

excon

Excon! I live in an apartment complex. And, yes, it was posted right on the front when I arrived home - as was the 3-day Quit Notice a week prior. And, I noticed other notices posted on a couple of other doors. It's a 2-year old complex, very nice, and has 90-plus units. But, the management is horrible. It appears they do their best to make you fearful of them. Last month, they began a new parking policy and issued everyone a special parking permit (a sticker with various numbers on it) to all tenants. The sent a notice to all the tenants saying the new policy would be going into effect "soon"... The next thing I knew I walked out to my car and there was a notice on the windshield - and, once again, I noticed others had it as well. The notice stated if I didn't go to the front office, sign for the new sticker and place it on my car "within 24-hours" the car would be towed - even if I parked it in my "assigned" parking space. Keep in mind - the office is open from 9-5 Monday through Friday; 10-4 on Saturdays; closed on Sunday. If you happen to work during these hours, there is no possibility of going into the office. I seriously feel liike I'm sleeping with the enemy!

Umm so you've had this sticker for a month and never put it on? Granted they didn't give you notice when the policy would go into effect, But I would have put the sticker on within a day or so of when they gave it to me. While a one day notice is ridiculous, you still had a month to put the sticker in.

No. You missed something in the post - or, maybe I wasn't clear enough. It went from the new parking policy going into effect "soon" - to me receiving the 24-hour notice WITHOUT EVER receiving the "sticker"... I hadn't gotten it yet. Plussss, I had to park my car a block away where I found parking for a week because I was working odd hours and the office was not open for me to go sign for the wonderful sticker so after receiving the 24-hour notice, I had to wait almost 2 weeks before I was able to go get it (because they required you go to the office, fill out a form, and then they would give you the sticker)... Plussss there is a lady complaining right now that they had her car towed because she has expired registration - can they do that when she pays to live here and her car was parked in HER assigned parking stall!? Aughhhh

Sorry, but you didn't make that clear. You said; "Last month, they began a new parking policy and issued everyone a special parking permit (a sticker with various numbers on it) to all tenants". That certainly sounds like you got the sticker. How did you know what it looked like?

As to the expired reg, its legal. With an expired reg it might have been abandoned. A better way of handling would have been a notice shoved under the tenant's door, But they were within their rights.

Wow! That's crazy though in terms of creatng an environment that contributes to the happiness and security of their tenants... I'm trying to look on the bright side of things... The apartment is on the "better side" of town, it's a new complex, and I'm sure they want to keep it that way... but, danggggggg... The website that lists all the local apartment complexes and various "reviews" from tenants for those that are apartment hunting boasts HORRIBLE reviews from former or current tenants here. There are more than 30, and there is only one positive review - and, even in that one, she states - the only thing you have to watch out for is "Evil Nichole, the Office Manager"... WOW! I was shocked to read that... the other reviews are outright horrible - some complaining about the "Notice of Abandonment" and horrible parking issues... crazyyyyy

Find out who the owners are and send them copies or links to those reviews.