StarForeman
Junior Member
Los Angeles, CA
Not sure what to do about three day notice when witholding rent do to a substandard dwelling AND multiple 3 Day Notice Problems
3 day notice problems
1. Improper rent amount on notice, my rent is $825 and the notice demands $850. A 30 day notice of the intent to increase my rent was served on July 6th, with the rent increasing on August 1st 2017- a 25 day notice. I did not sign the new lease agreement and contacted the landlord in writing to inform him that his rent increase was not legal as it was not 30 days notice. Additonally the rent amount for month to month on this new lease would be $875, not $850 as the $850 amount was only for if I signed a new one year lease.
2. It not only includes utilities, it includes utilities that I paid the landlord
3. It also demands a late fee of $25.
4. It then goes on to go back to the $850 amount
5. It states-
“Your failure to pay rent or quit the premises within five (3) days”
Is it five or three days?
6. It states that a justice of the peace can direct a constable to remove me from the premises after 24 hours of receipt of an eviction order. The state of CA gives you 5 days from the date of the writ of possession .
7. No address is given for rental payment, just a name and telephone number.
8. There is no declaration of forfeiture provision. The forfeiture provision states the tenant’s failure to pay the delinquent rent before the notice expires causes the right of possession of the property to revert to the landlord by forfeiture.
9. Today is the 7th, the last day to pay rent was the 5th a Saturday. Doesn’t that mean the three day notice can not be served till after midnight on Monday the 7th?
If you are wondering I have deposited my rent into a savings account I created ONLY for this rent. I have tried for months to get the Landlord to bring the unit up to habitability. He refused to do so. He comes to the rental at least once a week with no notice and has threatened to call the police on me if I complained again about his intrusions.
After contacting the Los Angeles Building and Safety Commission the landlord was given a SUBSTANDARD ORDER and the defects material to me are
1. “The building or premises is Substandard due to illegal occupancy of the enclosed porch at the second floor and the accsessory buildings as dwellings.”
I live in the enclosed porch. I did not know that it was an illegally converted unit when I moved in. I am looking for a new place to live right this moment.
2. “The building or premises is Substandard due to lack of adequate heating.”
After I complained about the fact that the furnace wasn’t usable the Landlord sent me a written notice that I was to accept the premisses “as is” and that there would be no heat provided.
3. “The building or premises is Substandard due to hazardous electrical wiring.”
Yep, that hazardous wiring is my unit also.
4. “Smoke alarms are missing or disabled. Carbon monoxide alarms are missing or disabled.”
Yes I have complained in writing, no he has no cared.
In addition we had a Small Claims Court date on July 25th but the Landlord got the suit pushed 90 days by stating in writing that he could not leave work for a court date as he had just started a new job. The day we were supposed to be in court he was at the rental property repairing the water heater. Literally the exact time he said he couldn’t come to court he could come to the rental with no notice or permission. Since that date he has come to the rental unit 3 times during the day on a week day. I have requested in writing he stop just showing up, he threatens me.
ONCE LAST QUESTION as the landlord has stated to the Court that he could not come to court for the Small Claims Hearing for 90 days does that mean he can’t legally file for a court date before the original 90 days is up? If he does file for and get a court date before that 90 days is his prior request for a postponement something that can be entered into evidence to show that he has already committed perjury?
Any help would be appreciated. If you got this far as a little nugget I found out a few months ago that his brother brutally murdered a guy in the rental unit behind me unit in 2008.
Not sure what to do about three day notice when witholding rent do to a substandard dwelling AND multiple 3 Day Notice Problems
3 day notice problems
1. Improper rent amount on notice, my rent is $825 and the notice demands $850. A 30 day notice of the intent to increase my rent was served on July 6th, with the rent increasing on August 1st 2017- a 25 day notice. I did not sign the new lease agreement and contacted the landlord in writing to inform him that his rent increase was not legal as it was not 30 days notice. Additonally the rent amount for month to month on this new lease would be $875, not $850 as the $850 amount was only for if I signed a new one year lease.
2. It not only includes utilities, it includes utilities that I paid the landlord
3. It also demands a late fee of $25.
4. It then goes on to go back to the $850 amount
5. It states-
“Your failure to pay rent or quit the premises within five (3) days”
Is it five or three days?
6. It states that a justice of the peace can direct a constable to remove me from the premises after 24 hours of receipt of an eviction order. The state of CA gives you 5 days from the date of the writ of possession .
7. No address is given for rental payment, just a name and telephone number.
8. There is no declaration of forfeiture provision. The forfeiture provision states the tenant’s failure to pay the delinquent rent before the notice expires causes the right of possession of the property to revert to the landlord by forfeiture.
9. Today is the 7th, the last day to pay rent was the 5th a Saturday. Doesn’t that mean the three day notice can not be served till after midnight on Monday the 7th?
If you are wondering I have deposited my rent into a savings account I created ONLY for this rent. I have tried for months to get the Landlord to bring the unit up to habitability. He refused to do so. He comes to the rental at least once a week with no notice and has threatened to call the police on me if I complained again about his intrusions.
After contacting the Los Angeles Building and Safety Commission the landlord was given a SUBSTANDARD ORDER and the defects material to me are
1. “The building or premises is Substandard due to illegal occupancy of the enclosed porch at the second floor and the accsessory buildings as dwellings.”
I live in the enclosed porch. I did not know that it was an illegally converted unit when I moved in. I am looking for a new place to live right this moment.
2. “The building or premises is Substandard due to lack of adequate heating.”
After I complained about the fact that the furnace wasn’t usable the Landlord sent me a written notice that I was to accept the premisses “as is” and that there would be no heat provided.
3. “The building or premises is Substandard due to hazardous electrical wiring.”
Yep, that hazardous wiring is my unit also.
4. “Smoke alarms are missing or disabled. Carbon monoxide alarms are missing or disabled.”
Yes I have complained in writing, no he has no cared.
In addition we had a Small Claims Court date on July 25th but the Landlord got the suit pushed 90 days by stating in writing that he could not leave work for a court date as he had just started a new job. The day we were supposed to be in court he was at the rental property repairing the water heater. Literally the exact time he said he couldn’t come to court he could come to the rental with no notice or permission. Since that date he has come to the rental unit 3 times during the day on a week day. I have requested in writing he stop just showing up, he threatens me.
ONCE LAST QUESTION as the landlord has stated to the Court that he could not come to court for the Small Claims Hearing for 90 days does that mean he can’t legally file for a court date before the original 90 days is up? If he does file for and get a court date before that 90 days is his prior request for a postponement something that can be entered into evidence to show that he has already committed perjury?
Any help would be appreciated. If you got this far as a little nugget I found out a few months ago that his brother brutally murdered a guy in the rental unit behind me unit in 2008.
