Legal Question in Landlord & Tenant Law in California
without two week notice.
manager told me to move out without any prior notices,shut off my power, harrassed , broken windows , distressed, scared, has for rent sign posted, never a contract signed for the rent, yet i have 3 receipts .
4 Answers from Attorneys
Re: without two week notice.
Despite the fact that you didn’t have a written lease agreement your occupation of the residence would probably be considered a Tenancy at Will, which requires a Service of Notice to Quit, which must be delivered 30 days prior to termination. Your payments may also be viewed as creating a Periodic tenancy, which still requires the 30 day notice. The shutting off of the power- maybe self help, and is not a legal way to terminate a tenancy. The broken windows could be a Warranty of Habitability issue. Based on the facts it appears that your landlord did not give you proper notice under the law.
You should consult an atty to ensure your rights are protected as it relates to this matter.
Re: without two week notice.
Your landlord violated Civil Code section 789.3, among other things, by causing the interruption of your utilities with intent to terminate the tenancy. He/she is liable for your actual damages, up to $100 per day in penalties, and if sued, be liable for attorney's fees if you win.
Re: without two week notice.
What you describe is a month to month tenancy. If you've lived there for under a year, then the standard 30-Day Notice os required to evict you.
Re: without two week notice.
Assuming you can prove your facts (I am not accusing you of lying, but it difficult to believe) you have numerous reasons to sue the landlord.
The real question would also be why you want to continue to live there under these circumstances!