OWNER SERVED ME NOTICE SAYING HE WAS TAKING PROPERTY OFF RENTAL MARKET AND LIED.

[christinamcruz]

What is the name of your state?california

 

[quincy]

What is the name of your state?california

Are you a month-to-month tenant?

 

[christinamcruz]

My landlord served me a notice to vacuum in 60 days. He stated he was retiring and taking property off rental market. I have been living there over 4 years. I didn't realize how much rent went up and way having a hard time finding another place. He owns the houses next door. I thought maybe he was going to sell it. So I found someone to buy it and they were willing to let me stay and pay them rent. But the owner told them someone already put a deposit down. Then I started getting close to the date. I noticed nobody else was moving out. Then I moved out. That day I found out he was lying. He never took the property off rental market. The neighbor across the street who he talks to really well, apparently had to move from the place she was renting. The day I had to be out, he already had the electricity transferred into her name. He was already renting it out to her not even two days later. She was moving in. I hadn't found a place yet. So I wS staying in local motel. I saw the lady there BBQing with the owners of the motel. One day later. I have a notice taped outside my motel door. For everyone to read. Staying the owner had called and wants to know that if I don't remove the remainder of my property from there he was going to trash it Thursday. He had placed my property in Alley next to trash. It hadn't even been 3 days since I left. How do I sue him. Him doing that has put me in a very hard place.

 

[christinamcruz]

Are you a month-to-month tenant?

Not sure

 

[christinamcruz]

Not sure

But even if I was . He served me an untruthful paper. If he was taking property off rental market I think he has to file paperwork. Doesn't that count as something. He lied.

 

[Just Blue]

If you were month to month tenant, then he doesn't need a reason to give you notice to vacate.

 

[Zigner]

If you were month to month tenant, then he doesn't need a reason to give you notice to vacate.

Depending on where in California the OP is, that might not be true. Unfortunately, the fact that the OP moved out willingly may complicate matters. The OP would be wise to speak to a local attorney (there are tons that handle this type of matter at a relatively low cost).

 

[alexander468]

In general, it's not illegal for someone to lie in the US when they aren't under oath. However, the new law in California that began to take effect on April 1, 2024 requires landlords to provide a limited number of possible reasons for evicting a tenant. One of the permitted reasons is "the landlord has decided to stop using the property as rental housing." If the landlord lied about that reason during an eviction, he wouldn't be able to evict you (with certain exceptions). But lying about that reason in a 60 day notice to vacate is different from lying during an eviction, so I think Zigner is correct when he wrote that the fact you "moved out willingly may complicate matters."

Some broad facts about the new law are at https://wclp.org/wp-content/uploads/2024/03/Renters-Rights-Under-the-Tenant-Protection-Act-SB-567-Fact-Sheet.pdf .

The final page of that fact sheet contains links to websites to find a free or low cost lawyer. If your property was damaged then let a lawyer know the details. You might have a case to sue for property damage because your abandoned property was not handled correctly. The final page also has the logos of eight organizations. Please consider contacting one or more of those organizations to tell them your story. They might ask for details about your address and your landlord's name. Many local people where you live might be experiencing something similar, and members of these organizations should know what you and other tenants are experiencing with the new law.

 

[christinamcruz]

If you were month to month tenant, then he doesn't need a reason to give you notice to vacate.

I am aware of it but then why even serve me a paper stating that.

 

[FarmerJ]

Had it occurred to you that the landlord might claim they were not aware of the law changes ? and then you did vacate anyway So follow through to learn your options and then decide what course of action to take , since the landlord has already replaced you moving back in wont likely be a option . As to property you abandoned I suggest you learn what your states laws have to say about tenant abandoned property.

 

[christinamcruz]

He has an attorney that has been attorney for years already. I'm pretty sure his attorney should know the law.

 

[christinamcruz]

Then shouldn't he have just served me a letter to vacate. Didn't he mess up by serving a untruthful letter

 

[quincy]

Then shouldn't he have just served me a letter to vacate. Didn't he mess up by serving a untruthful letter

It sounds like the landlord messed up, yes. You could meet with a landlord/tenant attorney in your area to go over your legal options.

 

[Zigner]

Then shouldn't he have just served me a letter to vacate. Didn't he mess up by serving a untruthful letter

Frankly, it may not have been untruthful. It's quite possible that circumstances changed, and if that's the position the LL takes, then it's going to be very difficult for you to prove otherwise.

 

[quincy]

Frankly, it may not have been untruthful. It's quite possible that circumstances changed, and if that's the position the LL takes, then it's going to be very difficult for you to prove otherwise.

I see the best action available to take against the landlord is over the way in which christinamcruz’ personal property was (mis)handled.