Legal Question in Landlord & Tenant Law in California
I moved to a house in Feb 09, me and the landlord had NO rentral contract nor lease agreement. On several occasions our landlord has entered our home without consent when were not home. On one occassion she broke the lock on the garage and stole tools and entered our bedroom and stole our cash reserves. We contacted the police, now the landlord is upset and is trying to give us a 3 day eviction? She also sent a tow truck to remove MY car from property, stating that since I have paid this months rent she is claiming my car. I did pay her rent just like every month in cash and she's NEVER given me a reciept. I know it's dumb of me not to get a reciept. What can I do? I it legal everything she done and is doing. And yes theres more!
1 Answer from Attorneys
There is no legal requirement for a written contract to rent a place. The rental, however, is month to month [unless you have rent control where the house is located]. The rental laws, however, still apply. The landlord can not enter the premise wilthout giving reasonable notice, which is defined as normally being at least 24 hours. There has to be a sound reason for the entering. Locks can not be broken. Your property can not be taken without her having a judgment and starting garnishment proceedings. There are set requirements for a 3 day notice for failure to pay rent, etc. She can legally give you a thirty day notice because there is no lease for any greater time period.
So you need to look for another place to rent, put a sign on the dashboard of the car notifying any potential tow truck driver that there is no judgment against you and it would be illegal to tow your car, wrilte her to stop immediately all illegal actioins, and write her a detailed letter as to her violations of the law and your request for damages. You can sue her in Small Claims Court for up to $7,500 in damages per family.
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