Legal Question in Landlord & Tenant Law in California
Since April 20, 2009 my husband and I have resided in Thousand Oaks,
CA 91360
Our Landlord has personally served us six 3-day Notices since February, 2011
We have provided cash and/or a check for all monies
Thursay June 02, 2011 he personally served a 3-day. Past due $1,130.00
Wednesday June 08, 2011 he personally servied a 3-day adding his brother's
as an additional receipient of our monies (formerly he and his wife)
Friday June 17, 2011 we personally contacted him offering a Check in the
amount of $1,130.00
He refused acceptance. He informed us legal documentation was to arrive
He informed us $640.00 legal fees were due his attorney
We requested written confirmation of this amount
Saturday June 18, 2011 we e-mail (same in the mail) formal written Notice
to Vacate by midnight Wednesday July 20, 2011
Monday June 20, 2011 we received a pre-unlawful Detainer letter
Monday June 20, 2011 we visited the Superior Court Self Help offices to be
informed we had five days to file a formal reply costin of $225.00 each
Tuesday June 21, 2011 We personally contacted our Landlord confirming
pre-unlawful Detainer documentation receipt
We referred to Notice to Vacate by midnight Wednesday June 20, 2011
Tuesday June 21, 2011 we offered $1,130.00 in past due and
$640.00 legal fees
Two checks personally handed to our landlord with written confirmation
of each check and confirmation than legal proceedings to be cancelled
immediately
Landlord signed receipt of both checks and STOP of legal proceedings
Friday June 24, 2011 at 04:45pm I personally called the Offices of the appointed
attorney (referenced on Court Papers in the Court on Monday June 20, 2011)
to confirm Unlawful Detainer procedeedings had been stopped.
He courteously said he could not speak to me directly and advised I contact
the Superior Court.
Sunday June 26, 2011 landlord personally arrived at our door (no telephone call
request meeting) and thrust an document at me between the screen door and
front door. I politely asked "What is this please?" he replied "Take it" I replied
"Please be kind enough to tell me what it is" he curtly replied "A 3-day Notice"
I responded "We have given you formal Notice of our departure" He threw the
enveloped document on the floor in front of me muttering "I'll believe that when
it happens" as he marched away .. ..
MY QUESTION:
All 3-Day Notices have been paid to date
Re Unlawful Detained proceedings . . fees are paid . . it is cancelled
Saturday June 18, 2011 we gave formal written notice to depart by midnight
Wednesday July 20, 2011 (the 20th being dated the 20th of every month)
Our Lease original Lease April 18, 2009 (to begin April 20th, 2009) stipulates
we first month $1,1395.00 and last month $1,395.00 and $500.00 security.
We have given our last month's Notice and this has been paid.
OUR LANDLORD NOW ASKING US FOR $1,425.00 RENT PERIOD
MONDAY JUNE 20TH, 2011 THROUGH JULY 20TH, 2011 ~ W H Y?
LAST MONTH IS PAID!
He tells us the Lease is dated till April 20, 2014 and last month monies will be
considered "last month" until 2014
PLEASE RESPOND ASAP
THANK YOU
SUSAN M. WEATHERSTONE
805-494-9203 OR
805-553-8406
1 Answer from Attorneys
Your landlord has made numerous legal errors.
1) Although he terms it last months rent, the $1,425 he holds is a security deposit. It id returnable to you within 21 days after you give up possession of the rental unit; both sides have agreed to end the lease early and he has no legal right to keep that sum until 2014. Contact his attorney by e-mail telling him what his client proposing doing and asking that he inform him it is illegal. Since you are not represented by an attorney, there is no reason he can not speak with you, although he can simply refuse because he does not want to.
2) The unlawful detailer action must be based upon what the three day notices states. The first notice in voided having been replaced by the June 8th notice which you complied with since it did not mention any costs. By offering him the amount of the rent due as stated in the the three day notice, whether he takes the money or not, you have complied with that notice and it is no longer valid.
3) A letter is not a lawsuit. You had to be served with the Summons and Complaint in order to be required to file an answer. You should have contacted an attorney at that point. You could sue the landlord for malicious prosecution for going ahead with a lawsuit knowing it to be entirely defective
4) perhaps more comments later today.
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