Legal Question in Real Estate Law in California
verbal agreement given 5 day for no pay can they?
I have a verbal agreement to pay 275 monthly to rent a room
from an aquaintence. I have failed to pay the rent for the month of August, and have been given a five day pay or quit(via my open bedroom window put it through my open bedroom window on counter after yelling my name with the wrong date and amount of rent owed.If I bring the rent current she said I'd get a 30 day notice What, if any, rights do I have?
2 Answers from Attorneys
Re: verbal agreement given 5 day for no pay can they?
Let's see. Can your landlord evict you for not paying rent? Uh, Yeah. Can the landlord give you a 30 day notice to vacate? Yes. As far as rights you have, you can avoid an unlawful detainer judgment if you move out before the trial. You will still have to pay your back due rent. P.S., you better get a lawyer to appear at trial if you move out to show the judge the case law, otherwise the judge may enter an unlawful detainer judgment which will make it very difficult for you to find another place to live.
Re: verbal agreement given 5 day for no pay can they?
You have a month to month tenancy. It can be terminated for any reason or no reason by the landlord on 30 day's written notice. But, it cannot be terminated for an impermissible reason such as race, gender, age, retaliation for reporting a problem to health department, etc.
Unless your landlord is getting rid of you for an impermissible reason, nothing can be done.
If you think you may be being discriminated against on based upon race, etc., or in retaliation for your exercise of your rights in other respects you should consult an attorney experienced in landlord tenant law.
Feel free to call if you think we can help.