What are our legal rights?

[galxx1999]

We have been living in my mother in law's house for almost 3yrs now. We were paying all the bills till recently. We had a verbal contract to purchase the house from her. She however did not uphold her end of the deal. The deal was we would pay all the bills and lue of a downpayment. We would make all the nesseccesary repairs to the home at our own expense. This was in lue of downpayment. She all of a sudden just moved all her stuff out 3 weeks ago. Now today I got a certifed mail from her, saying "I told you before i couldn't support you any further and i have no intentions of doing so. Consider this my notice to you to move. You need to be out of my house by march 3. If you are not moved out, I will have the utilities turned off March 4. I will then take measures to have you both removed from the premises." The only bills in her name are the electric and the water. The phone, trash, cable, terminex,ect are in our names.
We never had a set amount we were paying her but all the bills combined we were paying over 700 a month. And basicaly supporting her. So what do we do. And do we have to be out legal by the 3rd. what can we do legaley?

 

[JETX]

First, you have to understand you have NO legal rights to remain in her house. Any verbal agreements that you thought you had are not legal, nor are they binding. Any and all agreements to purchase or long-term lease any property MUST be in writing to be valid.

So, with that issue resolved, you have no choice but to vacate the house. Your only right is to a 30 day notice to vacate. If you fail on vacating by the 30th day, she can go to court and have you evicted. As a tenant without a written lease, you are a tenant at will, meaning you have NO rights beyond a 30 day notice to vacate.

Some related sites:
http://www.courtinfo.ca.gov/selfhelp/other/landlordtenantindex.htm
http://www.realestatelink.net/articles/Schonfeld.shtml
http://www.caltenantlaw.com/Eviction.htm

 

[galxx1999]

So the certified letter she sent us dated feb 19 that they tried to delivery on the 21 and i picked it up today the 23. In that letter she says that consider this my notice to you to move out you. need to be out by march 3. Does that count as a 30 day notice? what does that count as? Do I need a lawyer? should I reply to her letter?

 

[HomeGuru]

So the certified letter she sent us dated feb 19 that they tried to delivery on the 21 and i picked it up today the 23. In that letter she says that consider this my notice to you to move out you. need to be out by march 3. Does that count as a 30 day notice? what does that count as? Do I need a lawyer? should I reply to her letter?

My response: Halket is correct. In response, the notice is defective and contrary to State law. You do not have to move out by March 3. L must serve you with another notice to vacate. Also it is illegal for L to cut off the utilities.

 

[JETX]

HG, I agree that the order to move by March 3 is not in compliance with CA law (it doesn't provide the 30 day notice), but why does the owner need a 'new' notice?? Since there is no alleged breach of contract (just the termination of the 30 day 'tenant at will' tenancy), I assume there is no requirement for 'correcting the claimed problem'.

"B. THE 30 DAY NOTICE
The 30-day notice can only be used to terminate a
month-to-month tenancy. It cannot be used to terminate a fixed term lease agreement. The critical point to remember is that the Landlord must not accept any rent payments to cover any period of time after the expiration of the notice date. If the tenant tenders a rent payment to cover a period of time after the expiration of the 30 days, it must be returned immediately via certified mail to avoid a waiver of the 30-day notice. Finally, Landlords are cautioned not to give any reason at all for the termination other than the fact that the rental agreement permits either party to terminate the tenancy with 30 days' notice. Putting a reason on the notice other than the foregoing only opens the Landlord up to a retaliatory eviction or discrimination defense by the tenant."

Wouldn't the demand to vacate be valid for 30 days from the date received (2/23), meaning that the writers right of tenancy expires 30 days from that date??

 

[galxx1999]

does it make a difference that the landlord is a relative? Do I have 30 days from the next notice to vacate? what happens if she shuts the utilities off?

 

[JETX]

It makes no difference if the landlord is a relative or not, the process of eviction is pretty clear. Though, it could be of relevance when brought to court, it would only be of slight, if any, influence.

In my OPINION, you have already been given your 30 day notice to vacate. It was given in the certified notice you received. Since you are NOT protected by a written lease, nor do you pay 'real' rent to set a rent due date, you have little or no choice but to move.

As for utilities, she has EVERY right to turn off the utilities that are in her name (electric and water). She cannot turn off utilities that are in your name. UNTIL she gets a court ordered eviction.

In my opinion, it sounds like that will very probably be granted if requested. I would start looking for other housing.