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  1. #1

    Default Do You Have To Pay Rent After Getting A Thirty-Day Notice

    30 days notice is the law, correct? it doesn't have to be paid for? The landlord here is screwing me over, as far as I am concerned I see the ball in my court, they have no rental agreement against me, because they lost it..

    SO my question is, since they lost my agreement, i get a free 30 days right ? 30 days is mandatory by law, paid for or not, correct? Especially if they've lost the agreement? They can keep the deposit, I only paid off half of it. I may even take them to small claims over it, to even further rip 'em up.

    Expert advice needed please, I want to make sure I get them good for this one.

    They are also screwing over another room mate, so I wanna make sure I get 'em where it counts!

    Also, They've totally disregarded and trashed the place, is it possible through public record to obtain the name / phone number of the owner of the household? I feel angry and may even contact them regarding the way they've treated this house! so 4 question breakdown:

    1) 30 days is MANDATORY by law, paid for or not?
    2) No agreement means I am not obligated to pay?
    3) Civil suit for my deposit back?
    4) Public record access to obtain the owner's name/tel #

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Re: 30 days notice - the law, paid for or not?

    What exactly are you trying to ask? If you think you get a free last month of rent because you are served with a thirty day notice, sorry, no.

  3. #3

    Default Re: 30 days notice - the law, paid for or not?

    california state law is : If you wish to evict a person, you must supply them with a court issued, or hand written 3 day, 30 day, 60 day, or 90 day notice. I pay the month in advance so a 3 day wouldn't be valid. 30 day would, 30 day is mandatory they can't just throw you on the street. As i see it, as a tenant, I get 30 days free in this notice. Also, if they f**k with me in any way, im going to get with a PI friend of mine and find the owner of this house's name and contact info on public record, and sue the living shit out of them.

    That's how i see this situation, tell me of i'm wrong but every tenant gets a 30day notice, by law =))))

    Photocopies are inadmissable in court, remember that

    sorry aaron you seem to speaking from a defensive side of view, a renter's side of view, i am a innocent tennant being screwed over, both my parents are attorneys at law, and their parent's before them, i bleed law. I don't know what else to say here, but to make this official I'd like to get a REAL legal standpoint here... thank you

    i have all of their rent receipts saved up, the landlord has been screwing me on my deposit by not putting the amount due of my deposit on each receipt, so I think I may have lost on that end of the deal, but I can still weasel a free month out of someone who has screwed me over, as far as i see it, correct me if i am wrong! Since there is no original I can claim forgery

  4. #4
    panther10758 Guest

    Default Re: 30 days notice - the law, paid for or not?

    I don't know what law your reading but you cant live for free!

  5. #5

    Default Re: 30 days notice - the law, paid for or not?

    yes but you can't be thrown out on your ass so easily, tenants have rights.. a 30 day notice is required. my rent for my last month of living here was paid, on the 1st begins my 30 days notice, i see it, that 30 days notice is required paid or not. i need exper legal advice and im not going to get it from those defending the side of renters

  6. #6
    Join Date
    Jan 2006
    Posts
    27,221

    Default Re: 30 days notice - the law, paid for or not?

    Quote Quoting kinesis
    View Post
    yes but you can't be thrown out on your ass so easily, tenants have rights.. a 30 day notice is required. my rent for my last month of living here was paid, on the 1st begins my 30 days notice, i see it, that 30 days notice is required paid or not. i need exper legal advice and im not going to get it from those defending the side of renters
    depending on why they are evicting you, a 30 day notice may not be required.

    If the rent is not paid, a 3 day notice to cure is given. If situation is not cured, then eviction proceedings can start immediately.

    If 30 days notice is required, it is still required to be paid for. If that period is not paid, the LL has rights to retain deposit (only as allowed by law) and has the right to sue for any balance remaining.

    For having so many legal eagles in your family, I find your position and attitude quite unbelievable. What is your parents advice onthis situation? I doubt it would reflect your attitiude.


    just so you understand a "renter" is synonymous with "tenant".


    So,

    1) 30 days is MANDATORY by law, paid for or not?
    depends on situation. Even with the rent paid, a 3 day notice may be available to the LL. There is justification for this depending on the circumstances.
    2) No agreement means I am not obligated to pay?
    Not sure what you mean here. You are required to pay for any time you are a tenant unless there is a statute that allows you to refuse payment for cetain situations. These situations are generlly things like failure to repair (severe conditions and an illegal lease or rental unit)

    3) Civil suit for my deposit back?
    Nobody here has any idea if you are due your deposit back. There are many many reason a LL can retain a deposit and with your rantings, I suspect there is much more here than a simple eviction. Of course, if I am off the mark, then yes, a civil suit would be proper for a failure to return a deposit.
    4) Public record access to obtain the owner's name/tel #
    Not sure what you are after here. You should already have the name and telephone number of the owner or authorized agent (manager). Maybe a bit more explanation here would help.

  7. #7

    Default Re: Do You Have To Pay Rent After Getting A Thirty-Day Notice

    anyways this house is a slum i typed a 4 page addendum backed with photographs of the deferred maintenence of this house. they are trying to sue me for a full months rent. they served me an illegal 3 day notice, it was dated the 1st. on a technicality you can only serve a 3days notice AFTER the rent is due which would be the 2nd. I have vacated as of the 9th... i have receipts stating i payed my rent the month of june. i also have proof that I did indeed intend on paying rent for the entire 30 days notice but they refused to issue a receipt (CCC 1499) and she is also defrauding me of my deposit. our deposit agreement was oral and she is saying because i dont have receipts she doesnt owe me anything. I can totally discredit her shady nature. also another room mate was using MY cable jack which I Was forced to pay for the whole time.. the dynamics of this situation are pretty deep but I think i got them good for being slumlords. thy are trying to con me of a full months rent according to this unlawful detainer(which i should have quashed, based on the 3 day notice being ineffective, but i want to answer maybe i can get civil damages) and i dont think that is fair? I am liable to pay for the days stayed right? I am utilizing Proposition 65 against them for excessive exposure to second hand smoke(i have pics of their ashtrays) even though i myself smoke and they know this and will probably use this against me, there is nothing in prop 65 that says I have to put up with second hand smoke and not be a smoker myself. prop65 requiires you to live in a healthy environment. i could go as far to say as i have been trying to QUIT smoking and the excessive smell of cig smoke has just made me addicted even more(if there was no such loophole in prop65 enabling me to win over second hand smoke and myself being a smoker) and tons and tons of maintenence problemns which they will probably fix but i have photographs of... including cockroaches
    [quote]
    Not sure what you are after here. You should already have the name and telephone number of the owner or authorized agent (manager). Maybe a bit more explanation here would help.
    [quote]
    i meant the physical OWNER of the home. since they are leasing they answer to someone. they told me it's some lady in orange county who never checks up on the home... i feel it's my moral obligation and duty to show her pictures of how they trashed the place(Dog chewed up sprinklers, crab grass infestation, busted in stucco, roaches, broken shower door, etc)


    i vacated the house the day the UD was served. Like i said i could have quashed it because it was invalid/ineffective (it was dated 07/01/07 and had to be dated no sooner than 07/02/07 - technicality) but i decided to answer to let the judge know they're slumlords.. and then i can counter-sue in retaliation and get monetary compensation... police reports were recorded each time my utilities were disrupted and they were caught red handed without a phone in their common areas... the police reports are most likely CORRUPT however because the police sided with them and discriminated me. it is highly likely.. this place ****ed me over i had to sleep on the street because they were blocking telephone access and i coukldnt even call 911 if ther was an emergency not the mention thy were shady and mentioned they had 'gang affiliations'

    this place is a party shack and i think im gonna win...
    i dont mind paying them prorated fair rental value for the 9 days stayed, but since they pratically forced me out by disrupting my utilities i dont feel im responsible for paying a full months rent... and i seriously pray not cuz if so that is wack...

  8. #8

    Default Re: Do You Have To Pay Rent After Getting A Thirty-Day Notice

    Sure hope you are more clear in court than you are on here..there are MANY flaws with your thinking but without knowing the FACTS which trying to find in your post ..well let's just say not easy.

    1) Who gave who 30 days notice and when exactly was that notice given (forget the 3 day for now just answer this first question first).

    2) You would owe rent all the way though that 30 day notice and could be evicted for non payment if you did not pay it.

    3) While you can file an ANSWER in a UD case the court will not hear/allow a countsuit as part of a UD in CA. It must be a separate case. You can offer evidence for a defense but that is it.

    4) No written agreement doesn't mean anything other than no written agreement. Presumed to be MTM rental agreement by the CA courts.

    5) Yes the 3-day should technically be dated the 2nd if rent is due on the first but regardless of that...you MUST PAY the full 30 days of your notice (or their notice) and cannot get any FREE time in possession.

    6) Your Prop 65 is..a joke so I won't respond to it. Sure sounds like to me that this is a very immature roommate feud gone wild. Something more suitable for Judge Judy TV show vs real courtroom.

    Your post is SO scattered and unclear..I'm not even sure WHO the real landlord is..perhaps this entire place is rented from another REAL landlord not even mentioned here?

    Such drama. As I said..better suited for TV. I hope the above.."sinks in" a bit and helps you. Feel free to ask specific CA LL/Tenant QUESTIONS if you'd like further info.

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