always wondered about this question
2007-09-02 18:52:37 · 15 answers · asked by dsm562 3 in Business & Finance ➔ Renting & Real Estate
there is no lease contract , i get very low water pressure because when he is using the water in his house or having the spinklers on it seems like this place is a add on to the house almost a garage converted into a studio house. there are no smoke detectors, no insulation it gets very very hot in here damn california weather, some light outlets dont work, no ventualtion in bathroom thus having mold and mildrew build up, the kitchen sink faucet doesnt work so we are using the snake water faucet to be used as main and a leak under the sink, plus on top of that he tried coming in my house without any notice and said if i wasnt there he would just go in and if it lock he can go thru the window
2007-09-02 19:06:44 · update #1
i pay my rent every 10th of the month and on time all the time but for example if i pay for the month of sept on the 10th and he serves me with a 30day notice on the 11th of sept is that legal??
2007-09-02 19:08:53 · update #2
A thirty notice on a month to month can be given AT ANYTIME! And so what if the place isn't up to code.... you got the notice to vacate so move out! That solves the problem of it not being up to code since you won't be there. Why go through a bunch of work filing complaints against the landlord because you are pissed off that you got a notice to vacate? Just as you can give thirty day notice at anytime, so can your landlord.
What are your rights??? You have the right to pack up your junk and be out in thirty days.
2007-09-06 23:54:41 · answer #1 · answered by Ms Betty 4 · 0⤊ 0⤋
with no lease you are on a month to month and the 30 days notice is legal. If you paid a first and last months rent at the start you will get that last months rent back. You should start looking for a new place . You should have the month to vacate. If there is a difference betwen the rent month and the 30 day notice then you should get a small refund for the few days rent.
2007-09-02 19:31:42 · answer #2 · answered by mark 6 · 0⤊ 0⤋
read the lease carefully and also the 30 day notice. Was payment late more than grace period allowed? Was the lease about to expire? these questions can be answered easily from the 30 day notice... first--it MUST state a reason for the notice. If it is incorrect, call or preferably write to the landlord (send it certified mail, return receipt requested so you have record if it goes to court). Ask about the notice and state your objections...keep a copy of the letter with the certified receipt. If you believe the notice is in error, be willing to go to court. Landlord cannot just throw your things into the street without a court order.
2007-09-02 18:59:23 · answer #3 · answered by Mike 7 · 0⤊ 0⤋
If you're on a month to month lease, not much you can do about it as the contract can be terminated with 30 day notice (60 day if you've lived there over a certain amount of years, varies by state (5 in California))
If it's a Lease (i.e. 1 year term) then they have to have precedence and there are legal obligations they have to fulfill.
2007-09-02 18:58:46 · answer #4 · answered by Solstice 3 · 0⤊ 0⤋
With no leasing contract, your a month to month tenant. Your landlord is in his rights to give you 30 a day notice and have your out in thirty days.
As far as the improvements, that's sounds like a small claims issue. Consult with an attorney on those issues.
2007-09-08 15:35:21 · answer #5 · answered by khottmann 2 · 0⤊ 0⤋
It doesn’t sound like the place is up to code, especially to be rented out. There are several things you can do. You can tell him face to face that you will call the fire marshal and have him inspect the property (he will get slapped with a hefty fine) or you can simply file a lawsuit against him and use the copies of the cashed checks as proof that you had paid your rent and that he still refused to bring the property up to code. If the place is really as described, your landlord is in violation of a whole lot of laws. Either way, you have the upper hand.
2007-09-02 18:56:16 · answer #6 · answered by Anonymous · 0⤊ 1⤋
you were served a 30 day notice..
check..i believe it is 60 days..even for "renovations" or to go back to "personal use"..
even without a lease..
you are to be given a formal notice..
now as such.......you can phone the police..that he is entering your unit..(this can only be done under emergency like fire , flood, etc)..and you can phone the police if the landlord tried to move you before..30 days..if the landlord is in violations..you can ..get more time to move from the court..think because of the weather (colder)..you can sometimes..push that for more time..especially when the landlord is doing everything else "wrong"..now if the landlord was doing things correctly..and serving notice ..etc..you still get the 60 days and in "appealling" may get more time..
keep records of all your police calls..the police will write a file number on the back of a business card..
2007-09-02 21:14:38 · answer #7 · answered by m2 5 · 0⤊ 1⤋
You can stay for 30 days.
If you paid for 1st and last months' rent, you should try to get that last month's rent back.
Yep, all they have to give you is the legal notice, 30 days in most places. Doesn't matter what day of the month they give it to you.
2007-09-02 18:56:53 · answer #8 · answered by Bad Kitty! 7 · 0⤊ 0⤋
A notice can be given at any time.
You have 30 days from the date of the notice.
The condition of the property is basically irrelevant.
Talk to your city's tenant/landlord agency to confirm.
2007-09-07 06:49:26 · answer #9 · answered by Genki 3 · 0⤊ 0⤋
Yes, with a month to month lease, which is what its called when there is no written lease, the owner can ask that you leave in 30 Days
2007-09-03 02:02:17 · answer #10 · answered by AJ 7 · 0⤊ 0⤋