Legal Question in Real Estate Law in California
3 days notice or quit
The apartment I'm renting (month-to-month) was recently taken over by the landlord, who was previously using a management company. When I was dealing with the manager, I paid the same rent month after month for a year. The first check I sent directly to the landlord was for the same amount. She called me and said it was $100 short. When I tried to explain she was incorrect, she began screaming until I hung up. The other day while I was eating dinner, she came in and taped a piece of memo paper to my bedroom door stating I had three days to pay $100 or leave. She has never stated in writing that she wants an increase in rent. Meanwhile, she has cashed the original check already. What are my options?
2 Answers from Attorneys
Re: 3 days notice or quit
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry. Do you have a written rental agreement? What does it say about rent and rent increases? What does the alleged three-day notice say? I think you should contact an attorney for specific advice if you want to remain in the premises. Otherwise, prepare to move out.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: 3 days notice or quit
She is required to provide a 30 day written notice of a rent increase. Failure to do so is a defense to an action for unlawful detainer. If your lease agreement calls for attorney fees in case of a dispute, and you winn, you can collect your attorney fees from her.
Of course, she can also send a written notice to you increasing the rent up to 10% in thirty days, and then you would either need to pay it or move.
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