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those with legal knowledge HELP ME!!

Discussion in 'The Lounge' started by BIG*RED, Jun 15, 2005.

  1. BIG*RED

    BIG*RED 1/2 ton status

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    Is there anyone on here that has legal knowledge..specifically in california renters laws/rights?

    As some of you may know i live on disability, and i was recently notified by them that the dates of my pay have been changed..no big deal to me..i'm still getting paid.. but when i looked at the calendar i realized that I wouldn't have my rent money until the 5th of July..

    Herea my problem..I have to pay rent by 5pm on the 1st of july, if not i get charged a extra 100 bucks..if its not paid by 5pm on the second of july..the landlord gives me a 72 hour eviction notice!!

    Is this legal? i mean i have always paid on time, in fact i usually paid early, and this will be the only time that i can't pay on the first..things just kinda have to be shifted around becasue of the change in my pay dates..

    on top of that he is selling the place, and its in escrow right now..i know that doesn't mean anything, but geeze think he would cut me a break.especially since July will be the last month that I live here if the sell goes through (the guy trying to buy the place has already made it known that he wants to live here if the sell goes through)

    What are my legal options if any?
     
  2. newyorkin

    newyorkin 1 ton status

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    If you don't have a lease, I believe you don't have any options, but I really don't know.
    California has some unusual laws regarding landlord/tenant rules, I was just researching New York and North Carolina, and I just remember California stuck out with these odd laws and they always required different paperwork. It wasn't like the two I was researching, which had a lot of similarities. In some cases, there were separate sections of the web sites for california landlord rules.

    From an outsider point of view, that does seem awfully fast for an eviction notice. The $100 late fee doesn't seem out of the ordinary in principle, but that's a pretty stiff fee (unless your rent is like $2k a month).

    Have you chatted with your landlord and explained the situation? He may have the entire system managed by computer or management company, and that's why it seems so inflexible. If he knows what's up, maybe he can bend the system for this month to help your particular situation. If your rent's never been a problem before, I don't see why he couldn't be flexible this time only. I would be if I were the landlord.
     
  3. spearchucker

    spearchucker 1/2 ton status

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    Just talk to your landlord and let him know the situation, they're usually pretty understanding. That clause us thrown into your lease partly as a scare tactic and also for habitual tardiness. That way if they feel like taking you to court sometime they have a leg to stand on. Since he's going to be selling the place I'm sure he won't care, as long as he gets the $$$ in a resonable amount of time. And they don't like having to evict people, when they do that apt. is not making them $$$ for a couple months.
     
  4. google

    google 1/2 ton status

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    Ditto. Just let him know. If he evicts you, he would have to take you to court for the money and it becomes a huge headache. That doesn't tend to happen to first time offenders.
     
  5. ronnny

    ronnny 1/2 ton status

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    Call like the dept. of family and children services or the magistrate court and ask them they will know the law on this it is different from state to state.
     
  6. newyorkin

    newyorkin 1 ton status

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    Here ya go:

    http://www.realestatelink.net/pages/articles/Schonfeld.htm?print=true

    From a landlord's point of view. Things vary whether you have a lease or not, so that's an important point. Also, don't use that info in place of a lawyer or true legal advice, it could be outdated or plain wrong, although I'm pretty confident in it.

    But, like everyone else said, I think you should explain yourself and ask for some slack before preparing to swing a legal bat...
     
  7. Bubba Ray Boudreaux

    Bubba Ray Boudreaux 1 ton status

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    IIRC, eviction notices in CA have to be 30 days................
     
  8. Skigirl

    Skigirl 1/2 ton status

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    First, I'm not a lawyer, but my landlord has mentored me a bit in the ways of rental laws in CA. CA rental laws are very tenant friendly.

    If the house is in escrow anyway, closing will be in a few months. Once he serves the eviction notice, if you don't leave he has to go thru a few steps that themselves can take months. Like 6 months if you want to drag it out. If you don't want to burn a bridge with the guy, then see if you can reason with him. If you don't care, then tell him to proceed with eviction and you will drag it out long after escrow closes.

    There probably is something in the sales agreement that the property will be vacated on closing, or the opposite, that there would be a tenant. Either way it can work to your advantage. Try nice first. If he's gonna be a dick anyway, then take the next steps. There are books on tenant's rights in CA. Probably some good free legal advice too. Check around. Also probably worth a call to CA state disability gods (sorry, don't know what department) to see if you have additional rights in CA.
     
  9. Thunder

    Thunder 3/4 ton status

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    Yup if your landlord wants to be a bonehead and try to gouge you for more money. Screw it! Dont pay him anything! Keep the rent money. Till you find another place. As Skigirl said Calif rent laws are very tenant frendly. iIf you wanted to strech it you may still be there 6 months from now without paying a dime.
    You might have to jump thru some hoops but beings you are on disability and all. get some free legal council you will be surprised how many rights you have. He cant just kick you out on the cold. And dont worry about him giving you a bad reference. He wouldn't say anything that would stop you from getting out of his house before it closes. :)
     

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