Legal Question in Real Estate Law in California

Re: Resident Manager rights-can they be evicted?

I don't usually practice in the area of landlord and tenant, but I do have a somewhat out-of-date copy of the California Eviction Defense Manual, a respected treatise by the U. of Calif. and State Bar. Section 7.6 covers the subject of post-termination rights of a former resident employee of the landlord. The appellate cases uniformly hold that when the employment ends, the tenancy ends. There is a split of authority on whether the ex-employee becomes a tenant at sufferance or a lcensee. In the former case (I think), the acceptance of rent would turn the tenancy into a month-to-month tenancy, and that would entitle the ex-employee to 30 days notice. However, in either case (licensee or tenant at sufferance), if the landlord doesn't accept rent, the ex-employee is not entitled to 30 days notice, and an unlawful detainer action can be brought immediately.

At the time my manual was written, there was some uncertainty as to how courts might rule in situations involving rent control ordinances that attempt to address this fact pattern.

However, I respectfully disagree with the previous answers; while I'm not up-to-date on the law in this area, I have serious doubts that you will prevail in court, especially if the landlord is well-prepared to argue the law supporting his position.

Re: Resident Manager rights-can they be evicted?

If there is rent control ordiance in the city it may control.

Otherwise, it seems as though it should be a 30 day notice as the 3 day notice is if you are in violation of a condition of a lease and you stated the RM position was not a condition.

Re: Resident Manager rights-can they be evicted?

A three day notice is for tenants who do not pay their rent, or other things that require immediate eviction. Generally, for a three day notice to quit to be proper, a tenant must have failed to pay the rent; violated a provision of the lease; committed waste; substantially interfered with other tenants or used the rental property for an unlawful purpose.

From your post, it would appear that your rent had been paid by deduction from your salary. It is not clear up to which month your rent was paid for by this deduction, and whether you are current. If you have indeed paid the rent through deduction, and the three day pay or quit notice requested the wrong amount, then the three day notice is defective.

You should seek legal assistance immediately. Many courts have clinics for low income tenants and families that are supervised by an attorney. They will want to see all of your paperwork. I would suggest consulting a phone book in your area to find a tenant assistance/ advocacy center immediately.