Landlord Broke Month-To-Month Agreement

My question involves landlord-tenant law in the State of: California

My friend (who I will refer to as tenant) recently moved into a rental property where she rented two rooms from the landlord (who I will refer to as owner) in her home with a month-to-month agreement. The tenant had only been there about a week when she asked the owner if she could have a small gathering for her birthday. The owner said it was fine but she would need to move the gathering outside or into the garage upon her arrival. The owner arrived to the home late at night and was intoxicated with a friend who was extremely intoxicated and which she had to help lay on the couch of the home. The owner came in angrily, began baggering the tenants guests and told everyone to leave. The owner then told the tenant to leave as well. The owner was kicking the tenant out. There was no music, only about seven people and alchoholic beverages and food.

In the tenant and owners agreement it says that the contract would become void if the renter disturbed the peace and quiet of one of the residents (the owner). The owner is now telling the tenant that the contract is void because of this and that the tenant must now move out within a week. Is this legal? As essentially the owner came in disturbing the peace and quiet of the tenant.

Also, the owner is telling the tenant that she must move all her items out of the house within a week my midnight in order for the owner to give the tenant her deposit and the remaining amount of rent for the rest of the month. The owner is saying the owner has 48 hours to return the tenant her money after the rooms are vacated . Is this correct?

Another thing, the owner has said that the tenants friends that were at the gathering could not help the tenant move her items. Can the owner say who can and cannot help the tenant move?

It has been a week since this has happened, the owner has been baggering and harassing the tenant. The tenant has children, the owner has been yelling at the children and banging on the tenants bedroom door. The owner has also been sending text messages to the tenant saying things such as "move out as soon as possible because I'm going to make your stay here really hard."

What I know and have told the tenant is that the owner must give the tenant a 30 days written notice and return the tenants deposit if the rooms rented were left in the same manner as when the tenant moved in. However, because of the actions of the owner the tenant wishes to move our soon but if the tenant moves out the tenant is risking not receiving anything back. Not even the rest of the months' rent that is due back to the tenant.

Any feedback or informtion someone can help with regarding this would be really helpful. Thank you.

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The owner is now telling the tenant that the contract is void because of this and that the tenant must now move out within a week. Is this legal?

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Nope. Your friend is entitled to 30 days written notice.

It appears your friend is a lodger.

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Single lodger in a private residence

A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.9 Most lodgers have the same rights as tenants.

However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.

http://www.dca.ca.gov/publications/l...ok/whois.shtml

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Another thing, the owner has said that the tenants friends that were at the gathering could not help the tenant move her items. Can the owner say who can and cannot help the tenant move?

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No.

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The owner has also been sending text messages to the tenant saying things such as "move out as soon as possible because I'm going to make your stay here really hard."

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Your friend might want to take the text messages to an attorney and have the attorney send a cease and desist letter, explaining that those messages constitute harassment and can result in legal difficulties for her if she continues. Most attorneys charge a nominal fee to do this, but a number of attorneys of my acquaintance will do it at no charge if they're not busy and feel like ruining some jackass's day.

Thank you so much. Hope it all works out for my friend as she is moving out this week. :)