No warning letters

[CAGuy25]

Hi, I live in California and I am currently having a problem with loud friends coming over. My manager has verbally advised me a few times to try and keep it down and that he has had "complaints". To date I have received no formal written letter saying as such. Is he required to give me notice to "perform conditions or quit" prior to actually giving me a 3 day notice? Or can the verbal warning serve as a notice? Thanks

 

[JETX]

One of the key issues here is... do you have a WRITTEN lease? And, if so, for how long??

The reason that this is key is; if you do NOT have a written lease, you are a 'tenant at will'. This means that the landlord can evict you at any time with a simple WRITTEN 30 day notice (or 7 day if you pay weekly).

This 'status of your tenancy' will definitely have impact on your possible challenge of the notice. If you are a month-to-month, the entire issue of written vs. verbal noise disturbance could be moot, since you could be out in 30 days anyway.

Now, if you do have a written lease with sufficient time to expiration, you need to again look at the issue of 'reality'. The landlord has an OBLIGATION to any other neighbors for them to have a 'right to enjoy' their tenancy. If you are violating THEIR rights, you could be evicted.

Bottom line.... whether the notice is verbal or written really doesn't matter. Keep the quiet down and you may be able to stay. Abuse your neighbor or landlord, and you may find yourself looking for a new place and with a bad landlord referral and a fight for your deposit. All in all, makes the issue of verbal vs. written pretty small.

 

[Cvillecpm]

Manager is trying not to create a "paper" trail for your situation. Once they serve the Perform or Quit notice, you are dead meat. Advise friends that unless they want you to come stay with THEM when you are evicted, you all need to meet elsewhere because of noise.

Next step is the police being called and documenting the noise with them.

Don't push it.