Legal Question in Landlord & Tenant Law in California
I relocated to a part of california, and was offered to live with my cousin. She had purchased this condo with what use to be her fiance, although he tricked her into not being on title, and he had a rental contract with her. Him and I spoke briefly on the phone once regarding me living there. I need to find a new job as I was laid off, and needed a temporary residence while I got a new job, and settled in. I agreed to pay $500.00 each month just to help out since I would be casually living there, and agreed to help my cousin out with her utility bills. There was no agreement as to how long I was to stay, if I needed to give notice, etc. And, nothing in writing. Things with my cousin got really bad, and once I started working at my new job I wanted to relocate and not commute an hour and a half each way. Since my cousin had become volatile with me, she knew a week before that I was looking at places, and would be finding a more permanent residence.
I found a place, and moved out. Keep in mind, I had moved in on April 15th, of 2009, and at that time paid in advance for that month. Each additional month I stayed there I paid him a check for $500.00. He now served me paperwork stating first that I owed him rent, and 30 days notice. So he would be charging me 1,000.00. Not giving me 30 days to reply, he send a second notice stating I had 30 days to reply, and this time he was also charging for postage, therefore now we're at 1,030.40. After no even replying when I sent him proof I had paid, he serves me. In his last response, he changed it to say that I had actually moved my stuff into the room on March 15th, and owed him for that month. I didn't move my stuff in until March 27th, and didn't start living there till April 15th.
He wrote in his letter that we had a verbal agreement, which we didn't. I honestly didn't think it was an agreement. He has four other properties he rents out, and he does have contracts and leases with them, so he knows better than to do things verbally. He is saying that maybe I didn't understand our agreement, however it was implied. What are my rights? What should I have to take to court? Keep in mind, he wasn't my landlord, and I was not a tenant. Nothing was in writing. I moved out 8 days before my next check would have been given to him. Both my cousin and him said I could leave my stuff there and move in later and not pay anything. Honestly, I was living there and helping to pay the mortgage, so we both won in this living situation..
Thanks!!
1 Answer from Attorneys
Usually, one serves a three-day notice for delinquent rent. A 30-day notice is used simply to have a person leave. Make sure to answer the lawsuit, and tell your story to the judge. Your observation that he has other properties should be enlightening. Bring documentary evidence (if any) of facts you wish to emphasize. Good luck.
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