Eviction and Lawsuit in California

[Pierre1701]

What is the name of your state (only U.S. law)? California

We used to live in a house where we had an oral month-to-month agreement. During our stay at that house we were told that the rent would increase without a written notice. The notice was instant and on the phone. We were also told to pay the rent plus the increase or we would be evicted. We were finally given an eviction notice signed on July 13, 2016 to be out on August 13, 2016 that states the reason: "You have allowed too many individuals to move into the subject house or premises, without obtaining the consent of the landlord and in violation of the local housing or municipal code of Union City." These people were not living at the house, they were simply guests. The letter also states, "The landlord and this agent will not accept any further rent from you, for any additional period exceeding the period beyond the date of termination of your tenancy." We were finally out on September 6, 2016.
Then we received an email stating,
“I am writing to notify you that if my clients do not receive the unpaid rent and property damages, both of which were set forth in my previous emails to you, by Friday, September 30, 2016, my clients will file a civil action to recover these unpaid rent and damages from your clients.

My clients are aware of the tenants’ employers and is determined to garnish their wages and the wages of all the other former occupants of his real property.

I kindly urge you to notify your client of the impending civil lawsuit. If he does not make arrangements to pay by Friday, September 30th, then he and all the other former occupants will be promptly sued on and served on Friday and shortly thereafter.”
They want unpaid rent for the month of August (which we did not pay, according to the termination letter) AND September 1-6.
Is this legal what these people are trying to do?

Let me know if you need more information before giving an answer.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

We used to live in a house where we had an oral month-to-month agreement. During our stay at that house we were told that the rent would increase without a written notice. The notice was instant and on the phone. We were also told to pay the rent plus the increase or we would be evicted. We were finally given an eviction notice signed on July 13, 2016 to be out on August 13, 2016 that states the reason: "You have allowed too many individuals to move into the subject house or premises, without obtaining the consent of the landlord and in violation of the local housing or municipal code of Union City." These people were not living at the house, they were simply guests. The letter also states, "The landlord and this agent will not accept any further rent from you, for any additional period exceeding the period beyond the date of termination of your tenancy." We were finally out on September 6, 2016.
Then we received an email stating,
“I am writing to notify you that if my clients do not receive the unpaid rent and property damages, both of which were set forth in my previous emails to you, by Friday, September 30, 2016, my clients will file a civil action to recover these unpaid rent and damages from your clients.

My clients are aware of the tenants’ employers and is determined to garnish their wages and the wages of all the other former occupants of his real property.

I kindly urge you to notify your client of the impending civil lawsuit. If he does not make arrangements to pay by Friday, September 30th, then he and all the other former occupants will be promptly sued on and served on Friday and shortly thereafter.”
They want unpaid rent for the month of August (which we did not pay, according to the termination letter) AND September 1-6.
Is this legal what these people are trying to do?

Let me know if you need more information before giving an answer.

Yes, you owe them for any period of time you lived in the home. If you did any damage you would owe them for that. The letter you are relying on does not say what you think it says.

However, they did not provide you proper notice of a rent increase therefore you do not have to pay any increased amount. Its also very questionable whether emails were appropriate communication.

 

[Gail in Georgia]

In California if you have a periodic rental agreement,your landlord can increase your rent, but the landlord must give you proper advance notice in writing. The written notice tells you how much the increased rent is and when the increase goes into effect. California law guarantees you at least 30 days' advance written notice of a rent increase if you have a month-to-month (or shorter) periodic rental agreement.

Your landlord TERMINATED your month to month tenancy providing you the required 30 day written notice to leave by August 13. You chose not to leave within this time period and instead did not vacate the rental property until September 6th. You don't get to sit on your rear ends rent free during August and September. You either pay this rent or face the risk of a lawsuit.

Your former landlord has already warned you that they are aware of where you are employed and will not fail to go for wage garnishment when they win this lawsuit (and court filing fees would be added to what you already owe).

Since such a judgment would show up on your credit history it would make sense to pay what you owe and avoid the lawsuit.

Gail

 

[Pierre1701]

We also have a deposit that they are holding of more than $2000.00. Wouldn't that cover any unpaid rent and damages?

 

[LdiJ]

We also have a deposit that they are holding of more than $2000.00. Wouldn't that cover any unpaid rent and damages?

Not necessarily. It depends on how much damage you did.

 

[FarmerJ]

Have you received a letter from the landlord that addresses your deposit ? BTW if they sent it out on the 6th it may well be there in weds or Thursdays mail do not ask them about it or contact them , ( wait and see if they don't get this done in a timely manne)r. YOU do owe them rent for the days they overstayed but you want to see what they claim the damages are too ( you did either give them your new address or put in a forwarding card with the post office ? didn't you ?) as far as the reasons they gave for wanting you to move out , it really doesn't matter why they wanted you out but even with just being month to month oral agreement if you were there for more than one year your landlords notice to you should have been a 60 day.

 

[Pierre1701]

Have you received a letter from the landlord that addresses your deposit ? BTW if they sent it out on the 6th it may well be there in weds or Thursdays mail do not ask them about it or contact them , ( wait and see if they don't get this done in a timely manne)r. YOU do owe them rent for the days they overstayed but you want to see what they claim the damages are too ( you did either give them your new address or put in a forwarding card with the post office ? didn't you ?) as far as the reasons they gave for wanting you to move out , it really doesn't matter why they wanted you out but even with just being month to month oral agreement if you were there for more than one year your landlords notice to you should have been a 60 day.

We lived in that house from August 2011 to September 2016. Also, we did not even get a fair 30 days, much less than 60 days because the date on the letter when it was signed was July 13, 2016 and they expected us to move out on August 13, 2016. We did not get the letter until July 18. You cannot expect anyone to move out that fast.

 

[Gail in Georgia]

Yes; you should have gotten a 60 day notice.

However, that does not negate the fact that you did not pay rent for the time you remained in the rental unit.

Since you haven't posted what your rent was and this forum has no idea what damage you left behind, no one here can tell you if your $2000 security deposit is enough to cover both owed rent and damages.

Gail

 

[Pierre1701]

Yes; you should have gotten a 60 day notice.

However, that does not negate the fact that you did not pay rent for the time you remained in the rental unit.

Since you haven't posted what your rent was and this forum has no idea what damage you left behind, no one here can tell you if your $2000 security deposit is enough to cover both owed rent and damages.

Gail

We have not received an estimate or bill for the damages yet. September 6 was our move out date, therefore we should have received a letter within 21 days and today is the last day. In addition, their lawyer is saying that the owner will file a lawsuit on September 30.

I will propose a solution. The deposit, according to my roommate, was not $2000, but $3000. We both agree that they can keep the deposit and pay for unpaid rent + damages, and make it even steven, but they want to keep the deposit, charge extra for unpaid rent, + damages. If they don't agree to our proposal, we will counter-sue them for illegal rent increases, illegal threats of eviction if we don't pay the increases, illegal eviction notice of 30 days, and also counter-sue them for our deposit. Is that something we can do?

The beginning rent was $1900, and the final rent was $2500.

 

[FarmerJ]

you still need to wait for the mail incase that letter comes , it will have a post mark and that in itself would be enough to spare the LL from being in violation of CA state law re deposit dispositions.