I live in Ventura County. my landlord just informed my roommates and i through text message that she was evicting us b/c she cannot rent out her extra bedroom, which i guess is costing her an extra 600 a month. her rental agreement states she must give us a 60 day notice, but reading up on the civil code, i find that she can give 30 days if we have lived here for less than a year. any help anyone couke give me would be relly appreciated.
2007-09-05 03:17:31 · 10 answers · asked by purplex15 3 in Business & Finance ➔ Renting & Real Estate
somethings i forgot to include: the lease is month to month so the lease isnt up. i cant believe it is ok to evict people for no reason.
2007-09-05 03:36:00 · update #1
If her own rental agreement states 60 days, then 60 days it is - she has chosen to grant you extra time - which she cannot not retract.
You may also find that you can defend this if you wish by refusing to leave and waiting for an eviction order. However you would still need to pay the rent due if you wished the court to look favourably on you - if you stop paying and just "squat" you will probably be evicted.
Secondly, sending someone a text message is NOT a proper "notice to quit" - at the very least this should be sent by letter - and really some form of "signed for" letter - OR handed over in person. You might want to discuss this if you have a free legal aid bureau around - as I suspect until she issues you with an acceptable notice to quit, the 60 days will not start to run down.
Mark
2007-09-05 03:37:33 · answer #1 · answered by Mark T 6 · 1⤊ 0⤋
Hi,
The truth is, she can. It's called a No Cause eviction if you do not leave after written notice is given. Also, she CAN accept rental payments during the eviction process if she has you sign a written contract stating that all rental payments during the eviction process do NOT terminate the eviction process. This means you have acknowledged that you are still in the eviction process, and will vacated the property if in fact it goes through the court system. My suggestion is avoid eviction at all cost. Once on your record you will have a difficult time renting again.
2007-09-05 14:15:10 · answer #2 · answered by skiingstowe 6 · 0⤊ 0⤋
Just to clarify:
What she is doing is not an eviction as this point. She is terminating your agreement which is her (or your) right to do. If you live in a month to month situation she can inform you that she want you out with PROPER notification. In this case it means 60 days after WRITTEN notification.
Remember this every time you sign a rental agreement. Month-to-month is great flexibility, for both you and a landlord.
When I had my rental property I preferred month-to-month because I could terminate with 30-days notice!
2007-09-06 11:37:48 · answer #3 · answered by Rush is a band 7 · 0⤊ 0⤋
Yes and no. Lease is month to month. .However and after reading some of the other posters. She did put 60 days in there and that is a binding contract.
Plus the notice to term the contract is invalid. Though posting that you received the text message on here and I wouldn't mention it to anyone that you did so allows you to say "What message?", A text message is not good enough esp since there is no proof of receipt. Signed and dated paperwork. You might want to go look for a place and I would pack because she will make your life difficult. However you will also have a good case for harassment if she does. Her bad planning and luck is not your problem.
2007-09-05 10:45:11 · answer #4 · answered by Bob D 6 · 0⤊ 0⤋
She cannot evict you for that reason. If you are month to month she can terminate the tenancy with the required notice. If you fail to vacate once notified of the termination THEN you can be evicted.
Note: If she accepts rent after the termination date, that voids the termination notice and creates a new tenancy agreement.
Also, the notice must be in writing. A text message (or e-mail for that matter) does NOT suffice. Until she tenders WRITTEN notice, she hasn't notified you of anything.
2007-09-05 12:42:56 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Unfortunately, she can.
However, if you can, I would request that she give you a written letter stating the eviction and the reason for it.
You will want this for your records and will also help when you are finding a new apartment. That way if they see there was an eviction, you have something to prove that it had nothing to do with you or your roomies but with the landlord wanting a larger monetary gain.
Good Luck.
2007-09-05 10:28:19 · answer #6 · answered by tinyavenger 5 · 0⤊ 1⤋
She can start proceedings, but she will have to go to court to evict you if you don't leave when she says. So, that can buy you some time. Like the other poster said, take the full 60 days!
2007-09-05 10:37:36 · answer #7 · answered by burfette 2 · 0⤊ 0⤋
The short answer is Yes. Once the original lease term has run, you have a tenancy at will, and a thirty day notice from either side is sufficient to terminate it.
2007-09-05 10:22:37 · answer #8 · answered by Anonymous · 0⤊ 0⤋
In CA she doesn't need a formal reason. I would not push the eviction, if you do it will show up on your credit report making renting in the future close to impossible and not look so great to potential employers.
2007-09-05 10:47:10 · answer #9 · answered by Landlord 7 · 3⤊ 0⤋
Yes, she can evict you just because she doesn't like the color of the shirt you're wearing - that's her right. As long as she gives you proper notice, there's nothing you can do. I'd take the entire 60 days to find a new place though. :)
2007-09-05 10:25:14 · answer #10 · answered by Roland'sMommy 6 · 1⤊ 2⤋