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  1. #1
    Join Date
    Dec 2012
    Location
    Ventura, California, United States
    Posts
    6

    Default Given Notice Terminating Tenancy

    My question involves an eviction in the state of: California

    Hello,

    I am facing this 3-days notice



    She (Landlord) is speaking of a rule to have an overnight guest just once a week.

    My girlfriend was here on the last weekend plus the Christmas holiday. On Fri she was not about to stay the night but my landlord was furies because she was here in the evening (past 10pm) with me again. But yes I have broken the rule there at least once.

    Our rental agreement is from Dec 3rd ... the mentioned notice is something else, I refused to sign an agreement when she came up with it (I was living there for 2 months already btw and wanted to sign one but she just ignored it) because it was ridiculous at that point (she entered my facebook name instead of my real one, didn't mention included utilities, no guests after 10pm at all). I said we have to talk about it first, can't sign it this way but then she pinned a letter to my door with all consequences if I don't sign a rental agreement blablabla, thats what she calls a notice here. 2 days later we had a talk and I signed a new one and she felt so sorry about all the trouble she made about it and so on...

    Now I don't know what to do, I know she really likes me, her mom loves me, the other 2 tenants who live here like me as well. But she says she doesn't want to talk about it, I am not respecting the rules and have to move out.

    I don't think she really wants me to move out, and just wants to send a message. I think she is very jealous about my girlfriend. Since I hang out with her I spend less time and activities with her and when she was in rage she said something like, "I don't like to see that bitch over here anymore, I don't trust her" ... actually I am thinking of moving out anyway, since its not acceptable to be so rude about and to ppl I care about.

    But this is just to serious to just ignore and see what happens at the Jan 10th, when I would be willing to pay the next full rent. Plus the whole insecureness, when my girl friend visits me again. The other roommates say we should have a talk but she seems to have to much stress and needs to calm down first...

    I am from Germany and here for an internship just till March 10th and don't want to search for a new place just for two months to be honest.

    We had one argument in the past, when my other roommate complained about me being to loud in the evening (had my girlfriend over, she was giggling too loud and so on, very thin walls, but he just told her about it instead of me because they see each other at work and we rarely see each other) ... but she made a big deal about it and came up with the rental agreement which I have to sign instantly and I refused (see above). But with this roommate I don't have any problems anymore, the landlord was just overreaction (as always )

    Well as I said, I don't know how to handle that and I guess I have to do something during the next 2 days.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Facing a 3 Days or Quit Notice

    Do you have a month to month tenancy in this rental situation?

    Gail

  3. #3
    Join Date
    Dec 2012
    Location
    Ventura, California, United States
    Posts
    6

    Default Re: Facing a 3 Days or Quit Notice

    Yeah, it is called a month-to-month rental agreement.

    It's a standard sheet.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Facing a 3 Days or Quit Notice

    I am from Germany and here for an internship just till March 10th and don't want to search for a new place just for two months to be honest.
    it may be too late since you have already been served a notice of termination. I suggest you do what it takes to convince the landlord you will be a good boy and follow the rules (and stick to them) if you really don't want to look for another place to live before march 10th.

    find a hotel for the nights your GF wants to stay with you.

  5. #5
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Facing a 3 Days or Quit Notice

    Terminating a month to month tenancy in California requires only a 30 day written notice (60 days if you had resided there longer than 1 year). No reason for the termination need be provided.

    As mentioned, unless you want to look for another place to reside in for the next 2 months you're in the states, it's groveling time with your landlord.

    Gail

  6. #6
    Join Date
    Dec 2012
    Location
    Ventura, California, United States
    Posts
    6

    Default Re: Facing a 3 Days or Quit Notice

    Yes, but somehow I have the feeling, that this notice of termination is not legal the way it is anyway... she doesn't state the rules I broke and shes speaking about a notice that is not existing and an agreement which is dated past that previous notification anyway.

    So there4 this seems to be not a valid notification... but I am afraid doing nothing about it equals accepting it even though it includes wrong statements...

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Facing a 3 Days or Quit Notice

    Quote Quoting Crovax
    View Post
    Yes, but somehow I have the feeling, that this notice of termination is not legal the way it is anyway... she doesn't state the rules I broke and shes speaking about a notice that is not existing and an agreement which is dated past that previous notification anyway.

    So there4 this seems to be not a valid notification... but I am afraid doing nothing about it equals accepting it even though it includes wrong statements...
    fine. believe what you want. She does not have to cite a rule if she is giving you 30 days notice. When you don't move and she sues you in court for an eviction, don't say you weren't warned.

  8. #8
    Join Date
    Dec 2012
    Location
    Ventura, California, United States
    Posts
    6

    Default Re: Facing a 3 Days or Quit Notice

    Well I am more worried about the situation, when she is pissed about something in the meantime, when I am still living here but my girlfriend is here lets say at 10:01pm... could she call the cops because of it?

    And what happens if she accepts the full rent of 600$ in Jan instead of the partial payment... does this mean the notice is not valid anymore or could she still insist to move out at the end of the month?

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Facing a 3 Days or Quit Notice

    Unless she rescinds the notice to terminate, it remains in force.

    the cops aren't going to care about your girlfriend being there at 10:01 pm. It is a civil matter.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Facing a 3 Days or Quit Notice

    The "pay or quit" portion can be resolved by the payment of rent. The "your tenancy ends in 30 days" portion remains in effect unless the landlord agrees to withdraw it.

    If she files an eviction action, the tenant can raise whatever defenses he believes may be valid, including any defense based upon the form or content of the notice. I'm not going to analyze that notice, but as a general rule landlords should not try to create their own notices instead of using court-approved standard notices.

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