Gotta move GRRRR

[CNCreefer]

Today we came back from shopping and there was a letter on the door. I put all the groceries away and open the letter, it is a 30 day notice to vacate. GRRRR After we've been here 5 1/2 years and pay rent on time every month, never cause problems, and fix things/take out all the garbage cans every week, and this is what we get.
I talked to the landlord a little while ago...his reason for kicking us out? He has someone lined up to move in here (probably a relative from Mexico) and he wants the unit back.
I don't really want to but if we took him to court the judge probably would throw it out because the landlord's reason isn't a good enough reason to kick someone out. We have $$$ saved up so moving isn't really a big deal but I wanted to move on MY terms and I feel betrayed..
So... if anyone has or knows of a 1 bdrm apt. preferably with a yard, that allows pets, let me know..I need to be moved by the 1st of the month.

[coral diver]

I live in a 1 bedroom apartment for $690 its a very dissent complex for National City you can ask people who had visited my place but very limited when it comes to pet if it fly and swim its ok no 4 leged

[acbaldwin]

Man ... THat's really lame.
I've had good luck with craigslist's rental section.
HTH

[convict]

I would move, then sue! No one wants to live in a unit with a landlord like that.

[DaChrisDude]

bummer... hope everything works out for ya.

I will be moving out on my own --for the most part-- w/in the next several weeks to go off to college in San Bernardino. I will be renting a room somewhere...hopefully everything goes well...

[CNCreefer]

All this time the landlord tells us what good tenants we are. Is that how he treats his good tenants? I hate to see how he treats the bad ones...
Any attorneys on here? I think it is really illegal for him to do that. And I have been taking out the trash cans every week and fixing things around here with no rent discount. Can I make him pay for all the months I've been doing that?
I feel like telling all the other tenants what the landlord is really like. Who knows, maybe they'll be next...

[convict]

Is he planning on selling the place? maybe that is why he is making you move.

[CNCreefer]

No he is not selling the place. He wants us out so he can move someone else in. And I read that california law states that the landlord has to give a 60 day notice if the tenants have been there over 1 year.

Sorry, folks, it’s back to 60 days! Starting January 1, 2007, a residential landlord will, once again, be required to give a month-to-month tenant 60-days’ notice in order to terminate the tenancy. However, you may give a tenant 30-days’ notice if he/she has resided in the property for less than one year. Another exception to the 60-day notice requirement is in the case of a property that is in escrow to be sold. Keep in mind that this river only runs one way. If the tenant is giving notice to vacate, he may give the landlord 30 days’ notice, regardless of the length of the tenancy.

[treylane]

if you're not on a lease, he doesn't have to give any reason for kicking you out, but yup: > 1 year means 60 days notice.

[Diver Dan]

My parents have a little place they are trying to rent out. It is a 1 bedroom studio with a 3 acre yard and room for reefs and animals in lakeside (the good part otherwise we wouldnt live next door) very quiet and secluded. And if you move in me and you could trade our livestock. I will pm you my moms tele #.

[Chanas4]

My mom was asked to vacate after living in a place over 15 years. she was toldit was becausetheywere selling but the real reasonis because they wanted their son in there. It worked out okay though, we found her a nice senior citizen complex and shes happy. It was scary at firts thoug, especially when you have gotten comfortable.

[CBlanks]

Hey I'm in law school and know my way around a lease or two. Notice is dependent on the type of lease you have. If you have been in the apt. for 5.5 years it sounds like you originally had a term of years but are now something of a holdover tenant or have a month to month situation. I would really have to look at the terms of your lease to know exactly what you have. Also, for those of you saying a 60 day notice is required can you point to the CA civil statute that states this? Good luck

[CNCreefer]

Here you go...
Civil Code Section 1946.1(c), effective January 1, 2007.
It's a month to month lease by the way.

[CBlanks]

Hrm, so if you're in a periodic lease then you must be given 60 days notice by the landlord as long as the unit is being sold and already in escrow. If you show this to your landlord he may say that he actually has a term of years which you can refute because a term of years become a periodic tenancy after the expiration date has matured unless you sign another lease. Id show him that civil code if I were you and tell him if he wants to avoid a lawsuit then expect a move out date in no less than 60 days. So much for good faith.

[CNCreefer]

Actually it says this...I copied and pasted it.

Your landlord must give you 60 days’ advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more.


However, the landlord can give you 30 days’ advance written notice in either of the following situations:

* Any tenant or resident has lived in the rental unit less than one year;
* The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends. In addition, all of the following must be true in order for the selling landlord to give you a 30-day notice

The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
The landlord must have given you the 30-day notice no later than 120 days after opening the escrow, and
The landlord must not previously have given you a 30-day or 60-day notice, and
The rental unit must be one that can be sold separately from any other dwelling unit.

And we have been here over a year and he's not selling the place.

[CBlanks]

Is there anyone in your unit who has lived there for less than one year?

[CNCreefer]

No, my fiance and I were together when we moved in here.
And there are 2 other units in this bldg. One of the tenants in the other unit has been here only about 6 months.

[mazilla]

tell him to get bent, he will probably try it on somebody else if he has not done so already. you may not be the first person to fight back. best of luck

[Techknowledgy]

I am a landlord. ....and a Mexican....sorta of...:rolleyes: The landlord has to give you 60 days because of the length you have been there. If he pushes the 30 days, you can sue, and win for the additional 30 days rent. The place must be for sale. He can't just throw you out. But if he is doing this, you want to leave anyway. If you have a security deposit you can probably kiss that goodbye, unless you press him hard to show proof of where the security deposit went. If you have money saved up, buy a condo. It is a terrible time to sell, but there are some great deals out there. The tax breaks are awesome, and you can proibably buy with very little down right now.
Trust me, there are two sides to all of these issues..... and I have had the tenents from hell in Hemet. They STILL owe me $2,000.00. To al out there who are renters. When your lease expires, you automatically go from month to month, unless you sign a lease again, which you can request, and I HIGHLY recommend to avoid crap like this.

[convict]

Roland, you are no Mexican!

[Techknowledgy]

Sorry Blaine, Grandpa was born in Chiapas.

[MichaelRyanSD]

not to get off topic here...well to get off topic, but now that we are on the subject...our landlord is telling us that we are responsible for the upkeep of the plants/lawn and the overall landscape of the place (including paying for the water) and he also tells us that we are responsible for the upkeep of the pool (like we have to clean it and do all the maintenance...and pay 50$ month for chemicals)

I have asked him twice now to give me a copy of the lease agreement...my question is are we responsible for all this stuff...if he hasn't given me the agreement yet (basically I want to see in there if its what we signed/agreed to)

My other questions is....even if it is the lease..should we really be responsible for all that stuff

This same landlord has also had a breech of contract with us...(win we moved in awhile ago we all signed a paper stating that certain thing wrong with the house would be fixed within a month)....well its 8 months later and most if it still ain't done

On top of that this house has been w/o heat for 2 years now

[convict]

My brother used the same argument that you had Michael to break his lease. His was a different story though. He wanted out of his Contract. Sounds like a good time to find somewhere else to live before he finds out about the carpet :O

[Techknowledgy]

You must have heat. It is the law, otherwise it is considered uninhabitable. Get it all in writing. Always. It protects everyone, not just the renters! A lease can say you are responsible for pretty much anything, but since it is NOT in writing, it has no legs in court. If I were you Mike, I would just say no to anything else until he fixes the furnace. Two years with no heat is a lot of back rent you can get from the guy.... like at least half of what you have paid..........

[MichaelRyanSD]

yeah the thing with that is...even though we told him we have no heat....its nothing more then he said/ she said...I suppose I should send him a notarized letter this week....

Also the reason i ask about the pool/landscape...is because he wants to charge us 300$ because the yard and the pool got so bad that he paid for some people to fix each thing...which we agreed to, just not how much it cost ( we have also asked for receipts for these services which he has yet to produce)

so can we refuse to pay until he comes up with it

[convict]

MONEYMONEYMONEYMONEY. Just think you can use all of that extra money to buy a hat to keep your new wizo attitude in check :D

[CBlanks]

I don't think living in San Diego without heat would be enough to justify a constructive eviction due to uninhabitability. Maybe if we were in MN but not here. I would want to see some prior cases on the subject where the court found for the plaintiff regarding a heat issue. Also, if you have had to make repairs after giving the landlord warning and allowing for "reasonable" time for the repairs to be made you are allowed to make them yourself and withhold rent. You can do this up to twice a year, and never for more than a month's rent. A security deposit can only apply to damages caused by the tenant. Normal wear and tear can NOT legally be taken out of a security deposit no matter how much spin is applied by the landlord. Any contract which specifies otherwise is void in part. Also, if a landlord is withholding a rental contract you both signed you can sue for breach of contract on a bad faith theory. Thats pretty slimey.

[RussM]

not to get off topic here...well to get off topic, but now that we are on the subject...our landlord is telling us that we are responsible for the upkeep of the plants/lawn and the overall landscape of the place (including paying for the water) and he also tells us that we are responsible for the upkeep of the pool (like we have to clean it and do all the maintenance...and pay 50$ month for chemicals)

I have asked him twice now to give me a copy of the lease agreement...my question is are we responsible for all this stuff...if he hasn't given me the agreement yet (basically I want to see in there if its what we signed/agreed to)

My other questions is....even if it is the lease..should we really be responsible for all that stuff

Fisrt thing is to get a copy of the lease (you SHOULD have gotten one the day you signed the lease.) I'm assuming that this a single-unit rental property... i.e. a house or condo. If that's the case, unless specifically stated otherwise in the lease, the tenant is customarily responsible for routine upkeep, including yard and pool.

[Techknowledgy]

Mike,
You will HAVE to go to court to get anything. ....even the hat. It will take him three months to throw you out if you do not pay rent..... the thing is.... is that the hill you want to die on? Moving all your fish crap? Hard feelings, moving...... sheesh.... work it out with the dude. Buy a lawnmower. My pool guy charges $100.00 a month.

[CBlanks]

If the yard and pool are common areas make sure to get contribution from each tenant equally, regardless of use. If it's just you then you are probably responsible for repairs pursuant to the lease agreement. If it were me I would want a clause in my lease agreement stating I will be responsible for normal maintenance on the pool not to exceed x amount in any given month. What if the pool foundation cracked tomorrow? There is no way you would have to pay for that!

[Techknowledgy]

I lost half of three months rent to a guy who had broken the heater himself, here in CA, and then said that I refused to fix it, when I didn't even know it was broken. Judges lean heavily towards renters here. (PERSONAL EXPERIENCE.... not textbook stuff.)

[convict]

I don't think living in San Diego without heat would be enough to justify a constructive eviction due to uninhabitability. Maybe if we were in MN but not here. I would want to see some prior cases on the subject where the court found for the plaintiff regarding a heat issue. Also, if you have had to make repairs after giving the landlord warning and allowing for "reasonable" time for the repairs to be made you are allowed to make them yourself and withhold rent. You can do this up to twice a year, and never for more than a month's rent. A security deposit can only apply to damages caused by the tenant. Normal wear and tear can NOT legally be taken out of a security deposit no matter how much spin is applied by the landlord. Any contract which specifies otherwise is void in part. Also, if a landlord is withholding a rental contract you both signed you can sue for breach of contract on a bad faith theory. Thats pretty slimey. Hey CB, I understand what you are saying, but heat is considered a necessity. Even here on base we have heat in all the units, just not AC. Their justification is that it never gets hot enough on camp pendleton for airconditioning because most of the housing is on the coast. But try telling that to your 9 month pregnant wife who is cooking in 102 degrees inside the house because they will not allow airconditioning or even window units. Heat is one of the things they are required to provide.

[CBlanks]

Convict, heat may or may not be a necessity, I don't know. it would be important to have some authority in the from of statutes on the topic. You're probably right that heat is outlined as a basic necessity by our legislator, I just don't know. Also, with the mild winter we had last year it would be hard to justify withholding 2+ years rent for a few mild mos.

[Techknowledgy]

Justification....... and justice are two different things. Interestingly... the threads about the cool Ppe Palys got one reply, and this one has 25. Welcome to SDReefs!

[convict]

No worries, CB, I wasn't trying to stomp on you. I just brought up the same argument about the AC. We were informed that they had to provide Heat but No AC.

[MichaelRyanSD]

MONEYMONEYMONEYMONEY. Just think you can use all of that extra money to buy a hat to keep your new wizo attitude in check :D

Don't worry I already saw the video on this and its all taken care of

http://youtube.com/watch?v=zy528Xx_dVc

Watch the clip..its explains the pics

Ridiculous Sunglasses
http://i208.photobucket.com/albums/bb209/Michaelryansd/glasses.jpg

Very Unnecessary Car
http://i208.photobucket.com/albums/bb209/Michaelryansd/car.jpg

A Wall Clock for a Watch
http://i208.photobucket.com/albums/bb209/Michaelryansd/watch.jpg

Hugely Over-Inflated Ego and making sure everyone knows about it
http://i208.photobucket.com/albums/bb209/Michaelryansd/girls.jpg

[MichaelRyanSD]

But try telling that to your 9 month pregnant wife .

your wife is 9 months pregnant.....shouldn't she be like....uhh un-pregnant