Can a Landlord Serve an Eviction Notice by Text Message
My question involves an eviction in the state of: California
First and foremost thanks for reading my thread greatly appreciate any feedback!!:friendly_wink:
I currently rent (month-2-month, no lease?) a room in a private residence with 3 others tenets (none of which are the landlord) for the past year and a half. Prior to one of the tenets moving out I paid utilities to him and rent to the LL, with that tenet moving out (1 week notice) the utilities were shutoff without prior written agreement with other tenets or LL on how to keep utilities on. I do not wish to have utilities in my name with others also occupying the same house. The LL put the electric in her name but wont budge on anything else and since the water and gas has been shutoff as of 2-4-2014.
As a result i have held rent until said utilities are restored. The LL notified me via a text message on (2-5-2014) saying I have to leave for non-payment of rent. The LL has since repeatedly sent text messages saying the locks will be changed on 2-9-2014 and I have no rights because i am renting a room. So my questions are.
1. Is a text message good enough to qualify as a written notice?
2. Am i considered a lodger as opposed to a tenet due to renting a room and not the whole house and what rights do i have if i am a lodger?
3.Do i have a right to withhold rent due to utility shutoff?
4. Can the LL legally change my locks and keep me out of the residents?
5. The LL said i signed a lease which i have no recollection and know i didn't. but wont bring a copy of and refuses to provide proof after multiple attempts. Is this all legal?
Again greatly appreciate any feedback. I don't wish to break any laws and will pay whatever i have too no problem but i will not put utilities in my name.
Re: Can a Landlord Serve an Eviction Notice by Text Message
You're obviously not a single lodger, as you're not the only lodger and as the landlord/owner is not in residence.
Notice requirements can be found here. A text message isn't going to satisfy the requirements.
Your landlord has no right to employ self-help eviction. If your landlord locks you out, you can sue your landlord.
California law, Civil Code § 1962(4), requires your landlord to give you a copy of your rental agreement within 15 days of your signing the document. If you lose your copy, the landlord does not have to provide another until a year passes.
Without seeing your rental agreement, I'm not in a position to tell you what it says about your individual or (with the other roommates) collective responsibility to put the utilities into somebody's name other than the landlord's. It sounds almost as if the tenant who was paying utilities was a master tenant, and that you're either the subtenant of the tenant who vacated or that this somehow evolved into something akin to a rooming house (which may not be proper under the zoning for the home). You can ask your roommates if you can look at their rental agreements, and can investigate possible ordinance violations with the municipality (although be aware that if the arrangement is improper they may ultimately order everyone out).
Tell us what you learn from your roommates.
Re: Can a Landlord Serve an Eviction Notice by Text Message
Both myself and the other tenant have no rental agreement besides a verbal month-2-month..Tonight (2-10-14) i come back from looking at some new places to rent and found a lock on the gate to get to the back part of my house. The LL earlier today stated she didn't care if i sue her or that she didn't serve me properly she wants me out...I happen to record all of it on my phone not sure if it will help in anyway along with all the text i have.
I took photos of the locked gate before i unscrewed the lock hinges to let myself in (hope it was legal)....i also have photos of the red tag where the water meter is but we have running water???? The LL's husband was messing with the meter with a wrench i believe illegally turning it on, she tells me later that afternoon the other tenants turned the water on in their name but the red tag is still there.
Should I have unscrewed the hinges to let myself in or just called the authorities? I'm not entirely sure on how to proceed with dealing with this LL, she isn't even considering letting me stay till the end of the month she wants me out now. My girlfriend's mother is a licensed real estate agent who pulled a property description and history for this property and found out that this part of the house is an addition and was never recorded as a separate unit. It is only registered as a single-family dwelling.
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Mr.Knowitall appreciate the knowledgeable feedback brother!!! anyone else feel free to add their 2 cents!
Re: Can a Landlord Serve an Eviction Notice by Text Message
By "the gate to get to the back part of my house" do you mean the back yard?
Re: Can a Landlord Serve an Eviction Notice by Text Message
my room is sectioned off from the main house the only way to get to my room is thru this gate, my entry way is in the backyard. Its still connected to the main house but has been partitioned off and it has its own bathroom and kitchen like a studio.
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Any more advice would be appreciated guys :)
Re: Can a Landlord Serve an Eviction Notice by Text Message
"California law, Civil Code § 1962(4), requires your landlord to give you a copy of your rental agreement within 15 days of your signing the document. If you lose your copy, the landlord does not have to provide another until a year passes."
Under Civil Code § 1962(4) the landlord is obliged to give you a copy of your lease once a year within 15 days of your request...
(4) Provide a copy of the rental agreement or lease to the tenant
within 15 days of its execution by the tenant. Once each calendar
year thereafter, upon request by the tenant, the owner or owner's
agent shall provide an additional copy to the tenant within 15 days.
If the owner or owner's agent does not possess the rental agreement
or lease or a copy of it, the owner or owner's agent shall instead
furnish the tenant with a written statement stating that fact and
containing the information required by paragraphs (1), (2), and (3).
(b) In the case of an oral rental agreement, the owner, or a
person acting on behalf of the owner for the receipt of rent or
otherwise, shall furnish the tenant, within 15 days of the agreement,
with a written statement containing the information required by
paragraphs (1), (2), and (3) of subdivision (a). Once each calendar
year thereafter, upon request by the tenant, the owner or owner's
agent shall provide an additional copy of the statement to the tenant
within 15 days.
I just had to go through this since my landlord refused to give me a copy of my lease since she decided to be completely retaliatory towards me and my stuff going on...