What is the name of your state (only U.S. law)? California
A couple weeks ago my landlord served me with a 30 day notice to move. He told me that it was because one or more of the owners of the townhouses I live in has been filling a lot of complaints about me. However, according to the owner I have been an ideal tenant. I always pay my rent on time and never cause any trouble with any of my neighbors.
I have received a warning in the past from the owner because a complaint was filled against me for working on my car. He even sent me a picture of me under my car making an adjustment to the suspension. I guess someone probably thought that was a poor white trash thing to be working on my car where everyone could see, so they filled a complaint. After that complaint I called the HOA and asked them if I could get a copy of the CC&R's so that I could read them so as not to break anymore rules here. The president of the HOA told me that it's not hos responsibility to provide me with the CC&R's and that I would have to take that up with the owner. I asked the owner to provide me with a copy and he said that he did not have one, but he would call the HOA and see if he could get one for me. The HOA told him it would cost $350.00 to get a copy and the owner did not want to spend the money to get it. I ended up telling the owner not to worry about it and that I would not work on my cars in the open anymore.
So here we are several months later and I get the 30 day notice to move from my landlord. In his email he stated that many more complaints were filled against me. I asked him what they were and he told me he did not know for sure, but he thinks it was for parking violations. After he told me that I had to laugh a little bit because I think I know what the problem is. I often times pull up in front of my garage to unload and load my car. I carry a lot of computers in and out of my car because that's what I do for a living. The HOA said that they have lots of pictures of me breaking the rules so I am assuming that's what it is. I never really thought much about parking in front of my garage to load and unload because a lot of people park in front of their garage. Some even park overnight.
So the question is... Do I have to move? Or do I have any rights here? The landlord says that if I move like the HOA want's they will let him off the hook for the fines that they have charged him with, so he just wants me out. I think they have fined him a couple thousand dollars and they also told him if he even calls them to as any questions he will be charged $165.00 per call for taking up their time. It just seems a little unfair that nobody ever contacted me personally until it was too late, and neither the HOA or the landlord could or would supply me with the CC&R's. It's kind of hard to follow the rules of the game when you have no idea what the rules are.
The only other problem is that I have an 18 year old son that is about to graduate from high school. The landlord wants me out in May and my son does not graduate until June. If I move in may, I will have to register him in another school and he won't be able to graduate with the friends that he grew up with. I know in the big picture that's probably not a big deal for my landlord, nor is is a big deal for the HOA. In fact I have a feeling that the HOA will probably take great joy in the fact that my son will have to transfer schools a month before graduation. In my opinion graduating from high school is the biggest event in a young mans life. It gives a child a great sense of accomplishment and pride. Especially when he does it with friends that he has known since he was a little boy. I would hate to take that away from him.
So, in closing are there any options that I have? I don't think the landlord or the HOA will listen to me. I have already damn near begged the landlord to stay, but he is too scared of the HOA to give me anymore time. The only thing I can think of is to stay until the end of my notice and then just pay the rent for May and act like nothing is wrong. I suppose he will file an unlawful detainer against me, but I think i can get at least another 30 to 60 days here. That will get me past my sons graduation.
Any help would be greatly appreciated!