Legal Question in Landlord & Tenant Law in California

Tenant 30 day notice

Oct 06 we moved in a duplex. The landlord charged us first, last and deposit. We r mnth- mnth & its due on 24th. He showed up alot to enter & 'snoop' w/no 24 notice. I said no. He had his other tenant watch us & report to him. We got calls re: trashcans, TV, water bill, items in the garage, (all random) but mostly parking. Landlord had designated a 'guest spot' in front of my home in our private drive way. At 6 mo's living here he raised rent $100 and deposit $200 to punish us for parking & he rewrote the lease. I pd over $600 in street parking tckets. On Nov6, 07 I came home to find a 30 day notice, dtd10/26,duck taped to my front door. I knew it was coming. He called for petty things. He expected us out by the 24 Nov,07 but he had already cashed this months rent check. He went as far as lying about not receiving Sept rent though he signed & cashed the check 6 days prior. He refuses us our PAID last mnth nor a refund for already pd rent. He called today to ask why were not our yet then he said ''You people'' need to get out now. It was a racial remark Now I need the $ to get into a new home & he says he has 21 days after I move out to refund us. He has our deposit too!Can he do that? He also never told us prior tenents suicide


Asked on 11/25/07, 6:05 am

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Tenant 30 day notice

I agree with Mr. Cohen.

Immediately seek more help here, if your deposit isn't refunded 21 days after you move out.

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Answered on 12/08/07, 6:35 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Tenant 30 day notice

Sounds like he's doing you a favor by making you move from that awful situation.

If he doesn't refund all of the money you claim you're due, you could go to small claims court to get it. You might also claim he breached the implied covenant in your rental agreement for "quiet enjoyment" of your property. Good luck. Hope you find a good landlord in the next place.

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Answered on 11/25/07, 6:15 am


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