Legal Question in Landlord & Tenant Law in California

Renege on agreement

I'll try to keep this as brief as possible while giving all the facts. My building is owned by an elderly doctor who in recent years has allowed his son (who is a pompous, egomanical jerk) to assume many of the traditional landlord duties in regards to the building's operations. He is utterly almost imposssible to deal with but we, the tenants, somehow do.

I work freelance and one of my clients always pays me on the 7th of the month. It was agreed back in 11/2003 that I would pay my rent on the 10th of every month. I drew up a letter to this effect and sent a copy to the owner and his son, the building manager, and a copy for myself. Everything has been fine - my rent has been on the 10th (in cash) since that time for 2 years straight.

Yesterday, the manager informed me the she was told that I now have to pay on the first of every month or else face eviction. Trust me this is out of left field. I have no idea why the son is now insisting on this. Can he do this arbitrarily? With no reason? Do I have any recourse?

Please help and thank you.


Asked on 11/16/05, 7:15 am

1 Answer from Attorneys
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Renege on agreement

Generally speaking, neither Landlord (LL) nor Tenant (T) can alter the terms of a lease of premises without the consent of the other. Do you occupy your premises pursuant to a written contract? This document will likely speak to this issue.

If you occupy pursuant to an oral agreement, then it is likely that you are a month-to-month tenant, in which case, the terms of the lease can generally be changed upon 30 days' notice. (There are some notable exceptions, such as when the property is within a rent control district.)

If you fail to pay your rent on time, then you may face service of a 3 Day Notice to Pay Rent or Quit. This is a powerful document that can have the effect of terminating your tenancy.

You should consult an attorney familiar with Landlord/Tenant issues.

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Answered on 11/16/05, 9:00 am


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