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Niceguy777

30 day Notice to Vacate on the door of my room for rent during holidays can owner change locks if i need more time to find a place?

7 posts in this topic

Hello, thank you in advance for any constructive help,

 

I rent a bunk bed (see below), I don't have a lease (see below), but right now, a lease isn't usually required for a bunk bed rental situation so I guess, it's month to month

 

I received a 30 day Notice to Vacate on the door of my room for rent today 11/21/16

 

I did nothing to precipatate or initiate it (through no fault of my own). I have paid my rent on time

 

It was taped to the front door of my room for rent

 

It was not mailed to me by certified mail return receipt

 

On that 30 day notice the landlord refers to as "to all guests...you must vacate on or before 12/21/16 that is when I will change the locks and turn off the water and other utilities.)

 

Here are the pieces of evidence I have that show I rent there:

 

I have an AT & T internet bill in my possession mailed to me at the property

I have the front door house key

I have a receipt that shows I paid the owner on November 2, 2016

I have my property in the rental unit

I have the apartment unit mail box key

This is a beach house rental unit with bunk beds.

 

There are 7 people living in a 2 bedroom apartment unit

 

This could not have come at a worse time, right in the middle of the holiday season.

 

The landlord claims he has another property for me and 1 other roomies since we did not cause him problems by notifying the City or government agencies of problems he had neglected which were raised by other roomies here

 

But, I sort of don't trust him

 

His notice to vacate may be retaliatory on other roomies or out of fear that building inspectors will cite him or make him pay fines for various violations that he has neglected

 

What happens if on December 21st, at the 30 day mark, I am not able to find another place?

 

I do have squatters rights don't I?

 

I don't like to do it, but can I fight the eviction?

 

Can the landlord legally change the locks on December 21st, 30 days later?

 

It also doesn't seem that the landlord has used proper service of process? He should have mailed the 30 day via certified mail return receipt, right?

 

Thanks, again for any help

 

as it seems that again this is the worst time due to the holidays, it will be almost impossible to find rental vacancies.

 

Also, doesn't the landlord need an eviction order from a judge in order to change the apartment unit locks after December 21, 2016 (the 30 day mark)?

 

Thanks, again

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What happens if on December 21st, at the 30 day mark, I am not able to find another place?

He can file for eviction with the court.

 

I do have squatters rights don't I?

No, you are a month to month tenant entitled to 30 days notice to move out.

 

I don't like to do it, but can I fight the eviction?

Yes, you can, but nothing you have mentioned gives you ground to fight the eviction.  At most you will extend the hearing by about 30 minutes.

 

Can the landlord legally change the locks on December 21st, 30 days later?

No.  That would not be legal.

 

36 minutes ago, Niceguy777 said:

It also doesn't seem that the landlord has used proper service of process? He should have mailed the 30 day via certified mail return receipt, right?

No, California does not require certified mail for service of a 30 day notice. Hand delivery, posting on the door and regular mail are all permitted.

 

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28 minutes ago, doucar said:

What happens if on December 21st, at the 30 day mark, I am not able to find another place?

He can file for eviction with the court.

 

I do have squatters rights don't I?

No, you are a month to month tenant entitled to 30 days notice to move out.

 

I don't like to do it, but can I fight the eviction?

Yes, you can, but nothing you have mentioned gives you ground to fight the eviction.  At most you will extend the hearing by about 30 minutes.

 

Can the landlord legally change the locks on December 21st, 30 days later?

No.  That would not be legal.

 

No, California does not require certified mail for service of a 30 day notice. Hand delivery, posting on the door and regular mail are all permitted.

 

thank you for your help, it is appreciated, especially during the holiday season, no one wants to be bothered by this. I copied and pasted what you wrote. anyone else?

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Wondering why it would take more than 30 days to find another bed.  Anyway, if you stay beyond the 30 days the landlord may illegally lock you out and shut off the water.  You can then pursue him in court for doing so.  But, in the meantime, you are homeless.  Somehow that does not sound like a winning strategy.

 

If the landlord says he has another room for you and another roommate why not ask him when you can move in?

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18 hours ago, Niceguy777 said:

I rent a bunk bed (see below), I don't have a lease (see below), but right now, a lease isn't usually required for a bunk bed rental situation so I guess, it's month to month

 

I assume you mean that you have no written lease, but a written lease isn't required for any residential rental situation.

 

 

18 hours ago, Niceguy777 said:

What happens if on December 21st, at the 30 day mark, I am not able to find another place?

 

Your landlord will be able to sue you for unlawful detainer (an eviction lawsuit), but residential rental housing is readily available in most, if not all, parts of California.

 

 

18 hours ago, Niceguy777 said:

I do have squatters rights don't I?

 

Of course not.

 

 

18 hours ago, Niceguy777 said:

I don't like to do it, but can I fight the eviction?

 

You can fight anything you want, but nothing suggests you have any legal defense to an eviction action.

 

 

18 hours ago, Niceguy777 said:

Can the landlord legally change the locks on December 21st, 30 days later?

 

No.

 

 

18 hours ago, Niceguy777 said:

It also doesn't seem that the landlord has used proper service of process? He should have mailed the 30 day via certified mail return receipt, right?

 

No, and you seem to be under a lot of misconceptions about all of this.  As a month-to-month tenant, your landlord can evict you without cause at any time by giving proper notice.

 

 

18 hours ago, Niceguy777 said:

as it seems that again this is the worst time due to the holidays, it will be almost impossible to find rental vacancies.

 

I seriously doubt that, but I suppose it depends on where in CA you live.  You have 29 days to find other living arrangements.  I suggest you not waste any more of those days.

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