3 day notice to "quit"

[akva]

I live in CA. I sold my house and am renting back. I signed a lease agreement for one month (as my new home was being built)and paid first and last month's rent and a security deposit. My new house has been delayed. According to the lease, I should have been out on September 24, 2000. I used last month's rent and security deposit for rent up to November 24th. I have been served with a 3 day notice to "quit" - the landlord crossed out "pay" on the form, which I was just preparing to do (pay another month)- she also wrote a letter to me and said she did not want to do business with me any further. How do I respond to this 3 day notice to "quit"? And what follows? Should I pay rent anyway? Should I contact her even though she said don't?

 

[LL]

You need to see an attorney (or at least a paralegal) if you are not sophisticated enough to handle all the details.

As I understand it:

You had a lease, which expired. The L accepted rent from you after the expiration of the lease, and without requiring a new rental agreement. That makes you a month-to-month tenant, in California. You used the Security Deposit for rent. Technically, its not rent, but the L accepted the money. Also you used the last month's rent. If you're not leaving, its not the last monh, but did L accept that?

If all of the above is correct, you are a M/M tenant, and L needs to give you 30 days notice to terminate your tenancy. A 3-day notice to pay rent or quit with "pay rent or" crossed out wouldn't seem to be enough. What exactly does the notice say?

Basically, L wants you to leave so you're not welcome anyway. But whether you are required to leave in 3 days or not depends on the exact details of your tenancy and notice.

See a lawyer if you can't handle the details.

 

[HomeGuru]

You do not need to leave in 3 days.

 

[akva]

30 day notice to quit

I'm sophisticated enough to handle this myself, if I knew what form(s) to use. Today, I received a 30 day notice to quit from my landlord's atty. I would like to continue to pay rent until 2 months from now, which appears to be the time my new house will be ready. Since my landlord accepted additional money from me without a new rental agreement and you stated that makes it a month to month tenancy, can I just write her a letter stating that fact and include rent? Should I pay just one month's rent or both month's rent?

 

[LL]

The 30 day notice you received will terminate your tenancy in 30 days. No form will help you unless the LL is willing to rescind the notice, and she evidently wants you out.

Pay rent up to and including the 30th day.
Make sure you are current with any back rent.
Cooperate with LL about returning a clean house and undamaged, pay for any cleaning and damage repair.

Find somewhere else to live until your house is completed.

 

[akva]

O.K. So, legally, my tenancy is up in 30 days. I CAN'T leave and find someplace else to live for the additional 30 days I need. (I have a family of 5 and 14 animals, including livestock, I currently live in the country). So, since I won't be out in the 30 days, what happens on the 3lst day? Doesn't an Unlawful Detainer have to be filed, etc.? She can't just have the marshals come on the 3lst day and change the locks and remove my possessions, can she?

 

[LL]

True, but what kind of a person does that make you?

There is no such thing as CAN'T MOVE, especially out of property which is not yours, and which you know you are occupying illegally.

Obviously, your staying is deliberate and malicious, and if I were your landlady (who may have bought the property for herself, and you are deliberately frustrating her right to live there, for no good reason) I would ask my lawyer about filing more than just an unlawful detainer. You might lose your animals.