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-   -   Can a landlord move into home before our 30 day notice is up (https://www.askmehelpdesk.com/showthread.php?t=645161)

  • Mar 23, 2012, 08:40 AM
    ScottGem
    Yay for you. Clearly these people felt they could intimidate you without bothering with the law.

    If they try to interfere with your tenancy in any way tell them you will sue.

    By the way under 1946.1 if the main tenant has been there more than a year they have to give SIXTY days notice. California Civil Code Section 1946.1 - California Attorney Resources - California Laws
  • Mar 23, 2012, 08:42 AM
    excon
    Hello again, Beth:

    Even if your worst nightmare comes true, and you're THERE alone after the 30 days, you ARE still a tenant, and you'll have to be evicted too. He can't just throw you out. That means, he'll have to start all over again with YOU, giving YOU a 30 day notice...

    You got this. That's how I roll, and I'm a LOT older than you.

    excon
  • Mar 23, 2012, 08:54 AM
    AK lawyer
    Quote:

    Originally Posted by excon View Post
    ... Even if your worst nightmare comes true, and you're THERE alone after the 30 days, you ARE still a tenant, and you'll have to be evicted too. He can't just throw you out. That means, he'll have to start all over again with YOU, giving YOU a 30 day notice...
    ...

    I don't know about that. I think Sandycheeks has been given a 30-day notice to quit. If I was the LL, I would file for eviction (after the 30 days) on the basis of that.
  • Mar 23, 2012, 09:53 AM
    sandycheeks68
    Scottgem: your right I know they have to give 60, we were trying to do them a favor by accepting 30 so they could get in here sooner. They didn't want to believe us when we told them it had to be 60. Like I said they are very russian with strong accents that know absolutely nothing about the laws in the us or calif rentals, basically everything. Everything they have done I've seen on TV shows but none of its legal. LOL!

    Now I can focus more on finding a place for myself and my son and let me tell you ITS SOOOO TOUGH! Prices here in Silicon Valley for a studio start at 1350.00 for a somewhat decent place!! And all potential roomies Ive called do not want me AND a kid. Its actually easier to find a place with my 2 kitties then a kid!! WOW! How the world has changed. Just amazes me, I wish it were the 70's again! Disco and everything! A person could afford to live then. So you guys if you can find time in your day to pray for a woman and her child to find a decent home before April 20th that would be awesome, I will certainly take all the prayers I can get! And THANK YOU ALL SOOOOO VERY MUCH!
  • Mar 24, 2012, 12:40 PM
    sandycheeks68
    OK LANDLORD SHOWED UP AGAIN, this time leaving a written 3 day notice to move out on the door mat with the owner's signature. Now what? And 3 copies of it? What's up with this, can he give us a 3 day after we both signed the 30 day prior to today?


    HELP HELP HELP!! THE RUSSIANS ARE COMING, THE RUSSIANS ARE COMING!
  • Mar 24, 2012, 01:59 PM
    ScottGem
    The landlord can leave any notice he wants. That doesn't mean a court will accept it. I mentioned this earlier that the landlord can try using a pay or quit notice if the main tenant is behind.

    So you tell the landlord he can't use a pay or quit since he has been accepting rent and since you have an agreement on vacating. If he insists, then you just have to trust the housing court. If you don't vacate within the 3 days, he goes to court for an eviction order. This involves a hearing. You go to the hearing and show the judge he agreed to allow you to 4/20. I think the judge will go along.

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