Eviction Questions: Updated 2.4.10

[Silverbullett]

My wife and I rent a room in a 4br house here in Hayward. The landlord is my wife's sister. The two of them haven't been getting along lately and they are no longer on speaking terms. Here are the events over the past 4 days.

2/1/10 - Note on my bedroom door reads, "Please move out by 2/28/10". I asked her to discuss the matter with me but, no luck.

2/4/10 - Note on my bedroom door reads, "You need to pay me the rent in full by tomorrow evening 2/5/10 or I'll be changing the locks on 2/8/10".

Are her actions legal in Hayward or Alameda County? Am I supposed to pay her this month's rent even though we're being thrown out? What am I supposed to do if I come home and my keys no longer work?

Any help anyone or any LEO can give me would be greatly appreciated.

[masameet]

You could try calling Len Tillem tomorrow during his noon to 1 p.m. show on KGO 810 AM Radio. He gives free legal advice. I believe he is also a landlord and is well-versed in current landlord/tenant laws.

You could also try contacting one of the agencies listed on this California site. At that site is also the California Landlord/Tenant Book, which says if you and your wife have been living at your SIL's home as paying tenants for a year or more, your SIL must give you 60 days' notice to end your periodic tenancy.[1]. If it was only your wife and no one else renting in the home, your wife would be considered a single lodger and notice would be 30 days.[2]

If you can get your wife to apologize to your SIL, will that help your situation?

[odysseus]

It is assumed you are on a month to month term. Was the note 30 days notice (and yes she may be required to give you 60 days if you qualify)? You would still need to pay the rent to the end of February. If it is due the first of the month, it seems you need to pay the rent or be in default. On the surface, considering these assumptions, it seems legit.

I believe Hayward has rent control laws, but only on multi-units past a certain size. As any tenant, you should be versed in your rights, so it sounds like you need to do some homework. The California Gov site masameet mentions above linked is a good place to start.

Edit - BTW this isn't really for a LEO subforum IMO.

Actually, this is a perfect place for him to post this since leos handle these kind of landlord/tenant problems quite frequently and are generally very knowledgeable on the subject.

[Silverbullett]

Thanks for the great info, I truly appreciate it.

[tyrist]

Is there an actually eviction notice? Was it placed there by a county Sheriffs deputy? The have to put a notice of eviction and you can contest it at a court hearing. If she doesn't go through a legal process and changes your locks she has committed a crime.

[Seesm]

You need to call a lawyer it sounds like. California has alot of stuff IN PLACE to protect you. Does not matter what NOTE she rights you... Must be gserved to you I believe... And she can NOT just change the locks legally EVEN if you owe her money. It's California.. She could probably end up getting in some trouble if she keeps on her path. CALL a lawyer RIGHT AWAY!! Good luck!!

[Silverbullett]

Is there an actually eviction notice? Was it placed there by a county Sheriffs deputy? The have to put a notice of eviction and you can contest it at a court hearing. If she doesn't go through a legal process and changes your locks she has committed a crime.

1. No actual notice. Just a hand-written note taped to my door.
2. No. She taped it there herself.

She has done nothing but write these notes and tape them to my door. She hasn't started any form of legal action against us. Thanks so much for clearing that up. I suspected her changing the locks on us, without due process, would be illegal. I will be paying her the rent in full tomorrow morning. Just sucks because it sets me back on the deposit for a new place. Gentlemen, I thank you for the support.

[gunn]

Q: Do you seriously want to rent a room in a house where your presence isn't welcomed?

I'm taking a wild guess here and saying that you probably have an oral contract made when relations were better between your wife and your sister. Sure, you could take the legal route. However, how much is your rent for a room, anyway? You'd likely spend much more on a lawyer than it would cost just to pay the sister-in-law her months' rent and find a new place. Plus, if you do win, you'll have just that much more bad blood between your wife and your sister and you'll be living in a place where they don't want you.

If your sister wants you to move out by the end of the month (by 2/28), you are still living there from 2/1 - 2/28. Therefore, you should pay her for that month's rent. Take your stuff, find a new place, and move on. Youll be safer, your wife will be safer, and all other parties will be happier.

IMO, your goal should be to minimize the antimosity between your wife and her sister. That will make your wife happier which will in turn make YOUR life happier (happy wife - happy life). If your wife is stuck living with a sister who pisses her off, can you imagine the BS you'll have to go through because such and such left the milk out (or whatever)?

-g

[louscamaro91]

This is a tricky situation you have on your hands here...Reasons:
1. You are renting a room from a landlord whom lives in the same home.. A lot of the rules don't applie to your situation because of this.
2. You still have rights, but it would be your best interests to leave and not have a unlawful detainer filed against you for causing a financial hardship on the landlord.
3. Landlords need to have no reason to file 30 day notice which she did.
4. she served you a 3 day notice which if you don't pay and move out by the 30th day she could then file for eviction and sue you for all the fees incorporated in filing and unpaid rent.

I'm just being honest with you here, and Good Luck.

[Silverbullett]

Q: Do you seriously want to rent a room in a house where your presence isn't welcomed?

I'm taking a wild guess here and saying that you probably have an oral contract made when relations were better between your wife and your sister. Sure, you could take the legal route. However, how much is your rent for a room, anyway? You'd likely spend much more on a lawyer than it would cost just to pay the sister-in-law her months' rent and find a new place. Plus, if you do win, you'll have just that much more bad blood between your wife and your sister and you'll be living in a place where they don't want you.

If your sister wants you to move out by the end of the month (by 2/28), you are still living there from 2/1 - 2/28. Therefore, you should pay her for that month's rent. Take your stuff, find a new place, and move on. Youll be safer, your wife will be safer, and all other parties will be happier.

IMO, your goal should be to minimize the antimosity between your wife and her sister. That will make your wife happier which will in turn make YOUR life happier (happy wife - happy life). If your wife is stuck living with a sister who pisses her off, can you imagine the BS you'll have to go through because such and such left the milk out (or whatever)?

-g

You're absolutely right. We don't want to live in this situation. I apologize for not making that clear earlier. We were already in the process of saving, packing and, actively searching for a 1br apartment when all of this happened.

This is a tricky situation you have on your hands here...Reasons:
1. You are renting a room from a landlord whom lives in the same home.. A lot of the rules don't applie to your situation because of this.
2. You still have rights, but it would be your best interests to leave and not have a unlawful detainer filed against you for causing a financial hardship on the landlord.
3. Landlords need to have no reason to file 30 day notice which she did.
4. she served you a 3 day notice which if you don't pay and move out by the 30th day she could then file for eviction and sue you for all the fees incorporated in filing and unpaid rent.

I'm just being honest with you here, and Good Luck.

1. Understood.
2. Got it.
3. I understand. My problem with her "notice" is that it's only for 28 days and wasn't properly served.
http://www.dca.ca.gov/publications/l...ml#footnote178
4. I have every intention of paying her but, can she still lock us out in 3 days even if I pay?

I truly appreciate your honesty with me. I really, really don't wish to continue living here at all. I just don't want to be illegally thrown out. Thanks again.

[Silverbullett]

Thank you for the clarification Mario520. We've done no damage to the property (we're family for Christ-sake) and we've been paying our rent on time for just under 4 years now. We are not on a lease, we have a verbal agreement with my sister-in-law and we pay cash. The only reason I haven't paid her the rent this month was because I didn't know how I was supposed to proceed after receiving the notice. This is the first time I've been in this type of situation.

After hearing from everyone here, I believe my best move is to pay her this month's rent and get the hell out of dodge ASAP. I just don't like being threatened with being locked out of my place. I knew that couldn't be legal without getting the courts involved. Thanks again everyone.

[louscamaro91]

Best of luck to you...BTW its a renter market right now, you should have no problem finding a place.

[Scout2Diesel]

GL on your new abode.

[cadurand]

The 30 day notice applies to people who've lived at the address less than 1 year. Otherwise it's 60 days notice if you're telling tenants to get the hell out.

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#notices

There are some variables but that has always been the rules I've gone by.

[masameet]

P.S. If your SIL has been accepting for the past four years your rent in cash payments, most likely she has not reported the income. Drop a dime on her (with the IRS) after you move out. Don't forget to send copies of the notes she's taped on your door and the receipt for your last rental payment.