Legal Question in Landlord & Tenant Law in California
Talked landlord on the 2nd to let her know I wouldn't have all rent tell Friday the 5th . 3rd I came home an there was a envelope taped to the door inside was 3day pay or quit an a30 day terminate letter . I was able to pay in full on the 3rd after I got off work. An she still is requesting 30day notice to move. We have a month to month rent agreement . Is there something I need or should do to counter this request before it ends up in court . Form I should fill out an send to
1 Answer from Attorneys
Unless I am mistaken, Auburn does not have any rent or eviction control ordinance. Therefore the landlord has the right to terminate a month-to-month tenancy any time they want. All they have to do is give proper notice. If you have been in the premises for less than a year, the 30-day notice is valid and you legally have no right but to stay in the premises for 30-days from the date of the notice. If you have been in the premises for more than a year the landlord must give you 60-days notice. That would mean the 30-day notice is invalid and you can make the landlord give you a new 60-day notice but that's really all you can do.
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