Unusual Notice To Quit

[Pacoima]

I live in California (Los Angeles County and City) and am embroiled in a controversy with my landlord. He served me with a 30-day Notice To Quit on June 5, 2000 (it stated the last day I was to live in house was June 30 and is clearly dated June 5, 2000). Today (June 17, 2000) I received a handwritten notice (dated June 14, 2000) that says I don't have to move 'til the 5th of July, but must pay $85 for the small period of July 1-5, 2000. I have a written lease (month to month). I'm fairly sure that the Notice To Quit is improper and void, but would like to avoid getting sued (or at least stand a chance of winning or dismissal)). Must I obey this Notice To Quit (either the original or the handwritten addendum)? Obviously I'll want to move soon anyway, but would like to avoid doing it by July 5th. Please note that the Notice To Quit isn't over late payments or nonpayments or anything like that. There was a leaky sewer pipe and the landlord says that the smell was really coming from my cats (allowed on the lease). The odor went away once the pipe was fixed. It took two months for the pipe to be repaired once the break was discovered. It had been broken for an unknown time.

 

[Tracey]

Interesting legal wrinkle. The first notice was legally improper, but did give you notice that L wanted to terminate the lease at the earliest possible time. If the second notice is read as being merely L's acknowledgement that he gave you the wrong move-out date, then you have to move by the 5th. If the first notice was completely invalid, then the second notice is also invalid, since is gave you only 3 weeks to move. I suspect a court will find that the crucial part of the first notice was the termination part, and that the move-out date was an immaterial error. OTOH, you may get a pro-tenant judge who thinks that both notices are invalid.

I think your only hope to stay is to sue L arguing that the eviction/termination is retaliatory. You will have to prove that his decision to terminate the lease was prompted by your complaint about the sewer line, & possibly by his embarrassment at falsely accusing your cats of causing the smell. Did he list any specific reasons for the termination? You will probably need your neighbor's testimony to prove that the smell went away after he had the sewer pipe fixed. IAAL posted the CA retaliatory eviction law here a while ago. I'll see if I can find it & repost it.

To claim retaliatory eviction, you have to sue L to have the termination notice set aside. Argue retaliation AND that he still hasn't given you adequate legal notice, since the law doesn't allow him to "amend" the notice he gave on the 5th. You'll have to pay pro-rated rent until the matter is decided. At the very least, the judge may give you some extra time. I don't know about CA judges, but Washington judges pull that stunt all the time.

Good luck.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Tracey]

Found it! IAAL posted this June 2:

Looking at subdivision (c), below, our writer's greatest hurdle will be complying with the following:

(c) "In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor's conduct was,
in fact, retaliatory."


California Civil Code Section 1942.5.

(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as
to the payment of his rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days:
(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, or has made an oral complaint to the lessor regarding tenantability; or
(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which
the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability; or
(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice; or
(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of
tenantability; or
(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b) A lessee may not invoke the provisions of subdivision (a) more than once in any 12-month period.
(c) It shall be unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of such acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees' association or an organization advocating lessees' rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor's conduct was,
in fact, retaliatory.
(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his rights under any lease or agreement or any law pertaining to the hiring of property or his right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his rights under this section shall be void as contrary to public policy.
(e) Notwithstanding the provisions of subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or
periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If such statement be controverted, the lessor shall establish its truth at the trial or other hearing.
(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the
following:
(1) The actual damages sustained by the lessee.
(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to such act.
(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney's fees to the prevailing
party if either party requests attorney's fees upon the initiation of the action.
(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.



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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.