Tenant Received a Backdated Notice to Terminate Tenancy
My question involves landlord-tenant law in the State of: California
So I have a situation that is confusing the heck out of me. I'm looking forward to see what others think of it and what kind of "game" my landlord is playing.
I live in a non-rent control apartment. From what I understand, the landlord can give me 60 days notice to leave at any time without reason. Which is fine by me.
I have been sending in my rent on the 1st religiously and have been never late on any payments.
Here is where it gets weird.
Somebody put these items under my door. Not sure who.
1) A 60 days notice which was dated 53 days ago. So technically gives me 7 days to get out.
2) My last month rent check uncashed, in pristine condition in an envelope.
3) Court subpoena regarding an eviction notice stating non payment of 1 month of rent, which gives me 5 days to register/appear in court.
So here is my confusion:
Why wouldn't they just give me 60 days notice legitimately? They would even get the rent for those 60 days. Why return the checks to me and kick me out for non payment?
I lawyered up and now the rent is being held until the case is finished. The landlords lawyers did not even show up to our 1st scheduled meeting and the meeting has been delayed.
Is the landlord or management just plain stupid? or is there a strategy being played that I am not aware of?
I am now thinking that there is some serious building issues and they are trying to kick me out asap so they don't have to pay my housing fee while they repair it. This is the only plausible explanation in my head other than they are just plain stupid.
Anyone have any ideas or can share any experiences?
:confused:
Re: Stange Situation with Landlord
I'm a former landlord (20 years worth until 1998) and I've been answering landlord tenant questions on legal websites for almost 15 years.
I've read a lot of posts from clueless landlords and the trouble they've gotten themselves into.
I can't imagine why your landlord is doing this but it's unlikely that the eviction will hold up in court without the proper notice.
If you have some time and want to do some research, check your county assessor website for the actual owner's name and building details. Then go to the county recorder's website and look up the owner's recorded documents for that property. That gives you the deed history and any loan documents. Check the property tax agency website and see if the taxes are up to date or in default. Check with the city code department to see if there are any violations pending. Same with county zoning. Google the property address and see if it's up for sale.
You might also talk to your neighbors and see if anybody else in the building got the same thing.
Be sure to update this thread with progress reports. We like reading this stuff.
Re: Stange Situation with Landlord
Went through a bunch of the documents I have.
Apparently the lawyer who prepared the eviction notice is known to deliver notices very late. Online review sites state that this lawyer is known to accept legal fees and not do the work. I think my landlord's eviction lawyer is a fool. I think he did not deliver the notice when he was supposed to and had the building manager slide everything under my door.
I am realizing the building manager is also a fool. Manager is known to "exercise his power" often, according to some tenants. He allegedly tried to blackmail my handy man neighbor for free work.
I think these 2 are in cahoots. I'm going to try to squeeze the most free rent to my lawyers ability and get the heck out of here.