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mysasa76 · Jul 12, 2007, 09:58 AM

I live in San Francisco CA, I've been living in the same house for 27 years and the last 2 years I've been paying rent to the new owner. However the last 4 months I've been only able to pay partial rent due to my 62 yr old mother who's been sick. I've expressed to the landlord that we can't make the rent since Jan 07 and she was OK with me paying the partial rent. She has now said she wants me out within the week. Do I have rights to ask for at least a 30 day or at least a 2 week notice?

NowWhat · Jul 12, 2007, 10:00 AM

Are you under any type of lease? I would check in to the CA law - but I always thought you would get 30 days.

mysasa76 · Jul 12, 2007, 10:03 AM

I'm on a month to month lease.

excon · Jul 12, 2007, 10:29 AM

Hello my:

Then she has to give you 30 days.

excon

NowWhat · Jul 12, 2007, 10:44 AM

When was the last time you paid rent? Did you pay at the beginning of the month? If she is evicting you on the basis of non-payment - she would have to file with the courts and you would get an eviction notice. If she is just asking you to move - then typically she would have to give you a 30 day written notice.
I am still researching CA. Law - will let you know what I find.

ScottGem · Jul 12, 2007, 11:03 AM

At the most, she has to give you notice of at least 1 rental period (calendar month) if she wants to terminate the lease. However, since you are in arrears on your rent, she may be able to give you a shorter notice. However, you don't have to listen. She can tell you to get out tomorrow. But if you refuse, she then has to go through formal eviction proceedings, which will give you time to find another place or the money to bring your rent up to date.

mysasa76 · Jul 12, 2007, 11:38 AM

I usually pay the landlord the 15th of every month. The last time I submitted partial payment was June 15th. She's basically telling me to pay in FULL this 15th or be out by the 20th of this month. So I'm assuming she's evicting me on the basis of not being able to pay.

NowWhat · Jul 12, 2007, 11:57 AM

Everything I have read says that a formal written notice would have to be given. Now if she takes the partial rent - she will have a hard time evicting you for non-payment. That is probably why she is telling you ahead of time that she is expecting full payment.
But, again, everything that I have found so far says that everything should be in writing.

ScottGem · Jul 12, 2007, 12:09 PM

Again, she can TELL you anything she wants, but she can't force you to move without a court order. Your lease (even if its month to month) specifies a certain rental. While she might have carried you for a couple of months, she has decided she no longer can. So you either need to pay the full rental by Sunday or start looking for a place to move to. If you do not pay the full rental, then she will have to start eviction proceedings if you tell her you are not moving or are not out by the 20th.

But she can't just throw you out. She has to go through the formal process.