Legal Question in Landlord & Tenant Law in California

I live with my boyfriend in hayward Ca for two years this month.

Factoid 1.- Two building on large parcel, front building is a residence (House- rented by a friend we referred her address is 778 )

Factoid 2., My boyfriend and i live in a building that was used as office and storage ( our address is 776) Both addresses are recognized by county recorder on parcel maps, etc.

Technically i believe this not to be a legal living space- although it has a kitchen and bathroom with shower. It consists of two large rooms but has no closets. This being said it has been rented as a residence and thats how we use it.

Factoid 3., In one room No windows work, don't open are nailed in place. Also some window panels are just a craft grade plexiglass. I can push it out with bare hand.

Factoid 4., Both Buildings run on a single set of meters.

One meter for electricity, and one for water, and one for gas.

Factoid 5., Front house has Gas, Electricity, and Water usage

Factoid 6., Back building has ONLY electricity and water usage.

Factoid 7., Figuring out usage is a complete pain in the butt.

Factoid 8., Square footage is about the same - the front house has about 150 more square footage.

Factoid 9., Landlord still receives ALL his mail at the address of front house. So he turns up ALL the time to retrieve mail. Unpredictable as to when he will appear.

Factoid 10., Electricity and Gas our in my name and my friend who lives in front house.

Bill is mailed to front house ( 778). He often mishandles the mail, opening mail not his. Taking all the mail then returns mail that is not his MANY days later. Cost me an opportunity to apply for open state job.

Water bill is in Landlords name- we tried to put in our name and were told that was not advisable. No further info offered. So the bill comes to front house in his name. So we are dependent upon him to handover the water bill so we can pay it. He has failed often. Once he presented a grossly late bill with notice to shut off and we then had to scramble in order to pay. ALso we cannot call in to get amount due as we are not account holders. So we have not been able to pay on time because of this several times, the last time a note was attached to next months bill threatening to require a grossly inflated deposit in addition to current deposit. This sited late paying and length of time on account, and prior shut off in last twelve months. Which DID happen (twice) a year ago. It happened the month before my friend moved in.

So on August 15, I sent a letter that all of us ( all three signed ) stating the problem with water bill, siting all the particulars and asking, begging for his assistance so we can pay on time. I offered plausible solutions, a request for duplicate bill sent to back house, or a addition of one of us noted on account so we can access info for payments, or anything else. Because as a non account holder we cannot call and inquire about usage, or payment arrangements, etc. We have gotten NO response at all, to date.

We pay on a month-to-month basis and have always paid our rent on time, and are excellent tenants. Now our landlord wants us to vacate our unit. he left a copy of letter on a visitors car that was parked in parking area outside our gate. We then received a notice via USPS ( two days later) that a registered letter was being held at local post office, ( it was addresses to just my boyfriend). He refuses to pick up letter.

Factoid 11., Both my boyfriend and i are listed on rental agreement.

Factoid 12., Rental agreement was signed and dated ( Dec. 2012 ) by both of us.

Factoid 13., Yes, we moved in October 16 2012 but due to his absence and things not ready or cleaned from last tenant ( Himself). Also he was late delivering unit to us due to problems he had in installing a proper sizes water heater. We insisted it be changed from the original 15 gal water heater. In addition, kitchen sink was clogged required two days of efforts ( on our parts) to unclog. So we worked out that we would start paying rent and date agreement starting December 2012.

He gave us 30 days to vacate ( dated October 2 2014) with a notation that move out date might be extended to 60 days if terms are agreeable, but I it is not enough time to find a new place with in our financial means. Is there anyway to legally fight this and buy us a bit more time to find a new place?

He knows that we are strapped- my boyfriend is rehabbing from congestive heart failure, and i am unemployed. Our rent has been paid via a monthly load from my boyfriends mom. Again we have always paid on time ( by the 10th every month).

So we want to stay despite all things - because we will become homeless if forced out.

And if we cannot stay we need WAY more time. In addition don't we get 60 days ( still not enough time).

Can his non response to my letter and then his subsequent letter of ending tenancy with no cause - Can that be retaliation ??? Help!


Asked on 10/11/14, 2:29 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If you have lived in the unit for more than a year, then the landlord must give you at least 60 days notice to terminate a month to month tenancy.

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Answered on 10/12/14, 11:47 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

You are required to receive 60 days notice if you have lived in the place for over a year. If under a year, it can be 30 days.

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Answered on 10/12/14, 5:42 pm


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