I was served a 90 day notice the same day before I paid my rent, plus he broke the lease, can he collect my rent although he served me a 90 day notice to quit? For complaining of the plumbing and his manager and handymen sexually insulting me constantly.

Hello A:

You have to pay rent until you move out.

excon

According to attorney the 90 day notice was said to be invalid, he give no reason for me to move, I am also told the owner does not have to have reason to serve a 90 day notice. I'm confused to all of it. I have a disability with limited income.

When does your lease expire?

A landlord cannot terminate a lease before it expires except for violation of the lease. Also laws vary by area. Please indicate a general location when asking a question about law.

I moved in September 16, 2009 and Location is Inglewood CA , There was no violation of the lease on my part, if complaint of the plumbing and the owner's worker men insulting behaviors toward me and another female family member, I would like to know why that is? He wants me out 31, August, 2010. I was accused plumbing problem, as putting female napkins down the toilet, I asked to see it, they they never showed anything, and because neither of the two females in my family were ever to having female monthly doings at all, when in fact I a letter stating he was not going to fix the problem in other units, due to some tenants not paying their rent, the plumbing problem not being fix could be the cause of my unit backing up. The letter also stated the plumbing problem has being going on since 2008. I was witness to Handymen themselves pulled out a huge mess about 9 inches in length and 3 inches thick the shape of the pipe it came from and looked like it's been there years, and blamed me for it. It was not the toilet that flooded, it was the bathtub and face bowl and kitchen sink that flooded, whenever I was about to shower or use other faucets and the toilet started acting up whenever I tried to unstop the bathtub flood, with a regular plunger, and the toilet water was coming up in the tub, which had nothing to do with me.

I asked when your lease expires, you did not answer. We can't help you if you don't answer our questions.

Are you saying the plumbing was not fixed as it it is unusable?

My guess? Because Calfornia certainly doesn't require a 90 day notice to evict someone this is a notice that the lease is expiring and will not be renewed.

And, yes, rent has to be paid as long as you are living there.

If things are so bad, why do you want to stay?

ScottGem, My apology, my lease expires September 11, 2010. Yes the plumbing has been fixed after I had to complaint quite harder,which was not fair. But it is fix.

JudyKayTee, the 90 day notice is and must be served for those in subsidized housing, (such as section 8) and of course the notice is not an eviction notice, but the notice was giving without a reason, and some are saying he has to have a reason especially for those that are disable and other are saying he doesn't have to have reason, this where I'm confused, because those that are disable should not have to inquire such thing, unless they have violated the rules, I have not violated any rules. Of course I do not wish stay, but my income is completely limited, and I'm unable to save anything, especially while in school and trying hard with putting my life back together.

He doesn't need a reason not to renew your lease - the lease will expire and the landlord wants you out. You think you're a good tenant; your landlord apparently thinks you are a problem tenant. That's what it boils down to.

As far as I know disabled tenants who are considered problematical for whatever reason are not entitled to special consideration.

- and I'm a landlord.

Ok, you should have mentioned this is Section 8 in the beginning as they have different rules. I would suggest contacting the local Section 8 housing rep to see what your rights are. Also check with your local chapter of the ADA. But, it appears the landlord has decided not to renew your lease and has given you 90 days notice of that fact.

I have read the statute and it appears that no special consideration needs to be given to a Section 8 tenant when a lease is not renewed other than 90 days notice, proof of which time frame is required if it goes to eviction.

I do notice that OP claims landlord broke the lease - if this is true there no longer is a valid lease and she can be removed with less than 90 days notice.

Of course OP can always call and check and that is a good idea.

{Edited-<>}The man apparently had a plumbing problem since 2008, with tenants not paying their rent on time, so he decided to punish everyone who complains and not fix the plumbing, which may have been the reason why my unit backed up badly for months. I have a letter he has giving everyone in his building a few months ago, stating in his words. In the first place why the heck would Feminine napkins be in the bathtub drain, I never complaint of the toilet, as he said, it was the bathtub and kitchen sink! If you have problems with your building and a tenant politely complaint to you about it, fix it, don't punish them for telling you about it. Simple!! Thanks for your advice.

Thanks ScottGem, I have been in contact with legal help, I'm satisfied with what they have advised me to do.

- And what has legal counsel advised you to do?

Why would feminine napkins be in the bathroom drain? I don't know. Why did my tenants clean their paintbrushes in the toilet?

Are you going to answer what legal counsel advised you to do?

I think your attitude is going to hurt you in Court (apparently you only want to hear what you want to hear, not the Law). I also note that you have been sexually harassed by the landlord's employees. I trust you have taken action on this issue?