Notice to Vacate

[sd_beachbum]

What is the name of your state? California

I posted on here a few months ago about unannounced ongoing renovations to my apartment. Everyone was helpful. The new landlord was slow about it, and hardly responsive, but finally got the major stuff finished. But now I have received a 60-day notice to vacate! I have a few questions here.
I am on a month-to month lease, and have lived here 6 years.

1. If I give 30-day notice, I should move out on the last of the month, because I can't pay for a partial month, correct?

2. Does the landlord's 60-day notice have to follow the same rules above, or can he boot me mid-month?

3. I received and signed for the notice on April 25, but first attepted delivery was April 19th. (I wasn't able to pick up at post office until the next Monday.) When does the 60 days start? When am I "served"?

4. The notice actually is not a legal notice because it does not provide a reason for termination (San Diego Municipal Code Section 98.0730). Should I write back to the landlord and tell him so?

I talked to a downstairs tenant and they got a notice, too. The LL told them he was going to be doing renovations for 2 months, raise the rent $500, (my current rent is $725) and then everyone could move back in.

I checked with the city today, and no construction permits have been issued for the building since Jan. 1, 2004! That means all the work so far was illegal! Permits are required to kick out tenants for renovations.
San Diego Right To Know Law

My goal is to try to stay through the end of June if need be. I'm graduating university and too busy to move in late May and I don't have the cash on hand to pay a new deposit and movers right now. (Just paid my tax bill.)

What would you do?

 

[ENASNI]

uh oh

Dude... you are back! I knew he would raise the rent... I knew it...

I will give you this link again. It looks like you have done some reasearch. but I can't address the other questions at this time... my daughter is arm-wrestling me for the computer.

He has to abide by the 60 day notice.. I do not believe he needs a reason beachbum... sorry.

here is the link there are others here that can help after I go buff up and challenge the girl to another round .

http://www.dca.ca.gov/legal/landlordbook/

 

[sd_beachbum]

Hi ENASNI,
Yeah, I'm back. I figured that he'd do this, too. The timing of it is bad though. It's funny that now the construction is complete, the reason for kicking everyone out is "renovations". I’m sure about him needing to give a reason. It’s a new law in San Diego that goes a bit above and beyond state law. It actually says:

§98.0750 Notice to Tenant
Any landlord who attempts to terminate a tenancy pursuant to any of the grounds set forth in section 98.0730 shall provide the tenant a written notice to quit or terminate which recites the grounds under which the landlord is proceeding. The landlord shall provide the notice prior to or at the same time as the written notice of termination set forth in Civil Code section 1946, or a three-day notice described in Code of Civil Procedure sections 1161 and 1161a, is served on the tenant.

§98.0760 Affirmative Defense
In any action by a landlord to recover possession of a rental-unit, the tenant may raise as an affirmative defense any violation or noncompliance with the provisions of this division.

So I can write him back saying he needs to give me a reason, and then he would either ignore me like usual, or send me a letter citing “renovations”. Then I would write back telling him he needs to give me 60-days notice again when he has construction permits. In the meantime I can try to find a good deal in my price range somewhere else.

§98.0730 Termination of Tenancy
A residential tenancy of more than two years duration shall not be terminated, nor shall its renewal be refused, except for one or more of the following reasons:
…
(g) Correction of Violations. The landlord, after having obtained all necessary permits from the City of San Diego, seeks to recover possession of the rental unit for necessary repair or construction when removal of the tenant is reasonably necessary to accomplish the repair or construction work.

I could also throw in something about this being a retaliatory eviction, but I don’t want to overdo it. This guy has had no regard for the law or my personal rights since he bought the place. I can’t just let him do this and get away with it scot-free.

 

[ENASNI]

Hey

Dude,
As you can see from my signature, I am not a lawyer, and you have done what I usually do anyway. I would have only been able to suggest exactly what you are intending to do. I think you should try it... it should get you to stay there till the end of June most likely. I used to be one of those Lousy Landlords, but I followed the law.

I hope you get to stay, if you can stand them tearing the building down around you anymore, that is, protect your computer this time!

Good luck finding a cheap place in a nice neighborhood around here. I am still looking myself, I have a nice place now but with a roommate, I want to live alone though. (but it is hard to find with a doggie...)

Congrats on finishing University!
Some others may give you some advice too, and kudos for your research.. you showed me up Bum!