termination notice
My landlord gave me an eviction notice that I believe is not valid. I was late paying October rent and on October 6 gave me a termination notice to vacate by November 6.
I have been a tenant for just over a year and have heard that as a month to month tenant I’m entitled to a 60-day notice of termination. Even if that is not so, my rental is by calendar month so I believe a 30 day notice must be given for a complete calendar month, not a partial. So even if the October 6 termination notice is valid it would not be effective until November 30.
Where can I find out if the 60 day notice is a requirement, rather than a 30 day notice, and if the 30-day notice is sufficient time-wise, can it be done from the 6th of a month to the 6th of the next month as was done here.
Also, the landlord has told me in writing that if I’m not out by noon on the 6th that my belongings will be taken out of the house and placed in the front yard, the locks will be changed, and items left after 3 days considered abandoned and thrown away.
What are my rights in this situation?
Thank you!
Re: termination notice
As Mr. Cohen points out, you are entitled to a sixty day notice, although it does not have to be for a calendar month, but rather sixty days from the date of notice.
Your landlord, also, cannot take the law into his own hands. He cannot enter your house under this situation, and cannot touch your belongings, much less put them in the yard.
He cannot change the locks!
The law on “abandoned” property is clear, and your landlord would have to leave the property in the residence for 15 days, then put it in storage, and there are other rules.
You may be better off retaining a lawyer to write your landlord a strong letter regarding his illegal threats. Also, the landlord could be close to a criminal act (misdemeanor for threats, although I would have to research this, because I haven’t dealt with such a crime since I heard about it in law school, about 4 1/2 decades ago).
If you need more, please feel free to e-mail, or call, my office.
Robert L. Bennett
Law offices of Robert L. Bennett
2117 N. Baker St.
Bakersfield, CA 93305
Re: termination notice
Have you been served with court documents? Contact me directly.
OCEAN BEACH ASSOCIATES
OCEAN BEACH ASSOCIATES
2185 Sunset Cliffs Blvd.
San Diego, CA 92107
Re: termination notice
The landlord is not entitled to self-help. The must go to court after the 30-day notice period expires and seek a court order for possession of the property. Your defense will be as stated below.
Section 1946.1 of the Civil Code requires a 60-day notice for a person who has lived in a rental unit for a non-fixed term (i.e. a holdover after a year’s lease), unless all of a number of conditions are met. You can find the Civil Code section online at http://caselaw.lp.findlaw.com/cacodes/civ. There also are articles discussing this.
Robert F. Cohen
Law Office of Robert F. Cohen
P.O. Box 15896
San Francisco, CA 94115-0896