Brief history...
Friend is staying at a hotel who rents rooms for longer extended stays (hint hint) and was renting and paying from 4/3 - 5/26. She had been late a few times by a mater of hours. Rent was due by 11AM and on several days she paid by 1pm or so. On 5/15 her vehicle was broken into at the same hotel and she lost many of her belongings which she was trying to sell to pay rent. The hotel offered virtually no help even though they had the entire event on video. She was pregnant and had no source of income and could not pay on the 27th, 28th or 29th. She attempted to pay on the 30th however it was refused. When asked why she was told she should have received a letter. OK enough wasting your time. Here is the notices she received.
>>>> On 5/21 (postmarked 5/22) a 30 DAY NOTICE OF TERMINATION OF TENANCY was actually sent to her previous address and listed that old address as the address she was to vacate. She did not even get this until after the next notice. This was obviously a mistake and she of course ignored it. Below is the actual text from that notice.
30/60 DAY NOTICE OF TERMINATION OF TENANCY
CIVIL CODE 1946.1
_X__ 30 Days from the date of service of this notice (for tenancies less than one year)
____ 60 Days from the date of service of this notice (for tenancies one year or more)
Tenant: JANE DOE AND JOHN DOE
And/Or all other persons in possession of the premises described as:
Street Address: BLA BLA BLA Dr Unit#_______
City State Zip: Rancho Cucamonga, CA 91730
(*note the address they listed was her old address and NOT the hotel address)
to tenant(s) and all other persons in possession:
YOU ARE HEREBY NOTIFIED THAT THE TENANCY UNDER WHICH YOU OCCUPY THE PREMISES SHALL END 30/60 DAYS AFTER THE DTE OF THE SERVICE OF THE NOTICE UPON YOU, AND YOU ARE REQUIRED TO QUIT AND DELIVER UP THE POSSESSION OF THE PREMISES TO THE UNDERSIGNED ON OR BEFORE THAT DATE.
IF YOU FAIL TO DO SO, LEGAL PROCEEDINGS WILL BE INSTITUTED AGAINST YOU FOR THE POSSESSION OF THE PREMISES, FOR FORFEITURE OF THE RENTAL AGREEMENT AND FOR SUCH MONETARY DAMAGES AS MAY BE ALLOWED BY LAW.
Dated: 5/21/2012 Owner/Agent:
Contact at: Law Office of Bla Bla Bla
Form courtesy of Bla eviction service
>>>>On the morning of 5/30 the following notice was left under the door.
NOTICE TO PAY RENT OR QUIT
5/30/2012
TO: JANE DOE AND JOHN DOE ROOM #xxx
And all tenants and subtenants in possession.
WITHIN THREE (3) Days after Service on you of this notice you are hereby required to PAY to the undersigned or his authorized agent, THE RENT for the premises hereinafter described, of which you now hold possession, amount of the sum of ($426.98), enumerated as follows:
$426.98_____Due from _____05/27/12____ to ____06/02/12
Or you are hereby ordered to QUIT AND DELIVER UP POSSESSION of the hereinafter described premises.
The premises herby referred to are described as follows:
XXX blvd. Ontario CA- 9764
YOU ARE FURTHER NOTIFIED that the undersigned does hereby elect to declare a forfeiture of the lease or rental agreement under which you now hold possession of the aforesaid premises. The LESSOR will institute legal proceedings to recover possessions of the aforesadi premises and rent together with treble damages and such other damages as may be allowed by law, should you fail to comply.
Dated: 5/30/12 BLA LLC (note it is NOT the name of the hotel here)
lessor
THIS NOTICE SUPERSEDES ALL PREVIOUS NOTICES TO PAY RENT OR QUIT
Rent must be paid in person Mon-Son 9:00AM to 5:00PM to
Manager (note not to the hotel name or the above LLC)
Bla Blvd
Ontario, CA 91764
(909) XXX-XXXX
>>>> later that same day on 5/30 the following was left under the door.
30/60 DAY NOTICE OF TERMINATION OF TENANCY
CIVIL CODE 1946.1
_X__ 30 Days from the date of service of this notice (for tenancies less than one year)
____ 60 Days from the date of service of this notice (for tenancies one year or more)
Tenant: JANE DOE AND JOHN DOE
And/Or all other persons in possession of the premises described as:
Street Address: HOTEL ADDRESS Unit#XXX
City State Zip: ONTARIO, CA 91764
(*note the address they listed this time is the hotel address and room number)
to tenant(s) and all other persons in possession:
YOU ARE HEREBY NOTIFIED THAT THE TENANCY UNDER WHICH YOU OCCUPY THE PREMISES SHALL END 30/60 DAYS AFTER THE DTE OF THE SERVICE OF THE NOTICE UPON YOU, AND YOU ARE REQUIRED TO QUIT AND DELIVER UP THE POSSESSION OF THE PREMISES TO THE UNDERSIGNED ON OR BEFORE THAT DATE.
IF YOU FAIL TO DO SO, LEGAL PROCEEDINGS WILL BE INSTITUTED AGAINST YOU FOR THE POSSESSION OF THE PREMISES, FOR FORFEITURE OF THE RENTAL AGREEMENT AND FOR SUCH MONETARY DAMAGES AS MAY BE ALLOWED BY LAW.
Dated: 5/21/2012 Owner/Agent: Signed by a different person
Contact at: Law Office of Bla Bla Bla
Form courtesy of Bla eviction service
>>>> On 6/6 she then gets the following 3 day notice!
THREE DAY NOTICE TO PAY RENT OR VACATE PREMISES
C.C.P. 1161(2)
HOTEL (OWNERS)
PLANTIFF(S)
VS
JANE DOE (NOTE JOHN DOE NO LONGER MENTIONED) (Residents)
DEFENDANTS
Does 1 -10
To: Jane Doe
AND ALL OTHER OCCUPANTS (S) IN POSSESSION:
YOU ARE HEREBY NOTIFIED that pursuant to the lease or agreement dated ____________________ (line was left blank) under which you hold the possession of the premises described in this notice, there is now due, unpaid, and delinquent rent in the following amounts for the following specified periods.
$ 599.00 Due from 5/27, 2012 thru 5/5, 2012
For a total sum of FIVE HUNDRED NINETY NINE ($599.00)
YOU ARE FURTHER NOTIFIED THAT within three (3) days after service of this notice upon you, you must pay the amount of rent stated in this notice in full or quit the premises and deliver up the possession of the premises to the undersigned, who is authorized to receive possession of the premises, or the undersigned will institute legal proceedings for unlawful detainer against you to recover possession of the premises and to recover all rents and damages due.
YOU ARE HEREBY NOTIFIED that by this notice the undersigned elects to and does declare a forfeiture of the lease or aggreement if the rent stated in this notice is not paid in full within three (3) days.
The premises that are the subject of this notice are described as BLA BLA Blvd #XXX Ontario CA 91764
Dated 6/6/2012 _______________________ Signed by same person who signed the 30 day notice of 5/30
Pay to: HOTEL (correct name)
>>>> On 6/13 they filed the unlawful Detainer ON 6/13
>>>> She was never served so Plantiff used the NAIL AND MAIL method of service. This means she would have 15 total days to file an answer. On 6/28 she attempted to file her answer however was told it was too late that the plantiff already filed for default and they would not accept her answer even though it was CLEAR that she tried to file in time.
Sherriff has already given her notice and she has to leave by 6:00AM on Wednesday.
She is 26 and has a 15 month old and a baby of just 23 days. Her boyfriend is without a job and both are struggling. From what I can see the following is true.
1) The first notice was bogus and sent to wrong address with the wrong address listed.
2) She was given 30 days on 5/30 yet they filed on 6/13, a matter of 14 days.
3) The next notice on 5/30 was a 3 day notice which was not even from the hotel but some LLC.
4) Then yet another 30 day notice was given later the same day which did not even show the hotel as the one giving the notice
5) She was never properly served ANY of the notices as none were given by hand and none were mailed certified.
6) The unlawful detainer was supposedly "Nail and Mailed" and to even do a "Nail and Mail" you must have permission from the court and they do not have this or the record showing any failed attempts.
7) The hotel entered the room on 2 occasions without 24 hour notice. IN FACT the maintenence man walked in the room without even knocking WHILE SHE WAS THERE FRESH OUT OF THE SHOWER! He was DIRECTLY confronted by the boyfriend.
8) Her vehicle was broken into on 2 occasions and the hotel offered very little help the first time and no help the second time.
9) Among the items stolen was a laptop which had a battery issue. The very next day the hotel manager received a battery for the exact same model lap top. We found the package with the manager's name on it in the dumpster while looking for her belongings. This has never been revealed to the hotel. I know this is not relevant but this is to show you the type of people we are dealing with here.
10) We left a package for a friend and when he got it he noticed it was clearly rifled through. So we left him another package and this time with a recorder in it. You can clearly here them opening it up and realizing that "opps" your busted. This recording goes on for a while as they try and figure out what to do.
OK some of the info above is not related to the eviction but we felt it was needed to show the situation in full. There is more but this is enough for now.
Please help her as I am at my limit here and she can not afford an attorney and was turned down by the legal help office here.
Thanks!
Friend is staying at a hotel who rents rooms for longer extended stays (hint hint) and was renting and paying from 4/3 - 5/26. She had been late a few times by a mater of hours. Rent was due by 11AM and on several days she paid by 1pm or so. On 5/15 her vehicle was broken into at the same hotel and she lost many of her belongings which she was trying to sell to pay rent. The hotel offered virtually no help even though they had the entire event on video. She was pregnant and had no source of income and could not pay on the 27th, 28th or 29th. She attempted to pay on the 30th however it was refused. When asked why she was told she should have received a letter. OK enough wasting your time. Here is the notices she received.
>>>> On 5/21 (postmarked 5/22) a 30 DAY NOTICE OF TERMINATION OF TENANCY was actually sent to her previous address and listed that old address as the address she was to vacate. She did not even get this until after the next notice. This was obviously a mistake and she of course ignored it. Below is the actual text from that notice.
30/60 DAY NOTICE OF TERMINATION OF TENANCY
CIVIL CODE 1946.1
_X__ 30 Days from the date of service of this notice (for tenancies less than one year)
____ 60 Days from the date of service of this notice (for tenancies one year or more)
Tenant: JANE DOE AND JOHN DOE
And/Or all other persons in possession of the premises described as:
Street Address: BLA BLA BLA Dr Unit#_______
City State Zip: Rancho Cucamonga, CA 91730
(*note the address they listed was her old address and NOT the hotel address)
to tenant(s) and all other persons in possession:
YOU ARE HEREBY NOTIFIED THAT THE TENANCY UNDER WHICH YOU OCCUPY THE PREMISES SHALL END 30/60 DAYS AFTER THE DTE OF THE SERVICE OF THE NOTICE UPON YOU, AND YOU ARE REQUIRED TO QUIT AND DELIVER UP THE POSSESSION OF THE PREMISES TO THE UNDERSIGNED ON OR BEFORE THAT DATE.
IF YOU FAIL TO DO SO, LEGAL PROCEEDINGS WILL BE INSTITUTED AGAINST YOU FOR THE POSSESSION OF THE PREMISES, FOR FORFEITURE OF THE RENTAL AGREEMENT AND FOR SUCH MONETARY DAMAGES AS MAY BE ALLOWED BY LAW.
Dated: 5/21/2012 Owner/Agent:
Contact at: Law Office of Bla Bla Bla
Form courtesy of Bla eviction service
>>>>On the morning of 5/30 the following notice was left under the door.
NOTICE TO PAY RENT OR QUIT
5/30/2012
TO: JANE DOE AND JOHN DOE ROOM #xxx
And all tenants and subtenants in possession.
WITHIN THREE (3) Days after Service on you of this notice you are hereby required to PAY to the undersigned or his authorized agent, THE RENT for the premises hereinafter described, of which you now hold possession, amount of the sum of ($426.98), enumerated as follows:
$426.98_____Due from _____05/27/12____ to ____06/02/12
Or you are hereby ordered to QUIT AND DELIVER UP POSSESSION of the hereinafter described premises.
The premises herby referred to are described as follows:
XXX blvd. Ontario CA- 9764
YOU ARE FURTHER NOTIFIED that the undersigned does hereby elect to declare a forfeiture of the lease or rental agreement under which you now hold possession of the aforesaid premises. The LESSOR will institute legal proceedings to recover possessions of the aforesadi premises and rent together with treble damages and such other damages as may be allowed by law, should you fail to comply.
Dated: 5/30/12 BLA LLC (note it is NOT the name of the hotel here)
lessor
THIS NOTICE SUPERSEDES ALL PREVIOUS NOTICES TO PAY RENT OR QUIT
Rent must be paid in person Mon-Son 9:00AM to 5:00PM to
Manager (note not to the hotel name or the above LLC)
Bla Blvd
Ontario, CA 91764
(909) XXX-XXXX
>>>> later that same day on 5/30 the following was left under the door.
30/60 DAY NOTICE OF TERMINATION OF TENANCY
CIVIL CODE 1946.1
_X__ 30 Days from the date of service of this notice (for tenancies less than one year)
____ 60 Days from the date of service of this notice (for tenancies one year or more)
Tenant: JANE DOE AND JOHN DOE
And/Or all other persons in possession of the premises described as:
Street Address: HOTEL ADDRESS Unit#XXX
City State Zip: ONTARIO, CA 91764
(*note the address they listed this time is the hotel address and room number)
to tenant(s) and all other persons in possession:
YOU ARE HEREBY NOTIFIED THAT THE TENANCY UNDER WHICH YOU OCCUPY THE PREMISES SHALL END 30/60 DAYS AFTER THE DTE OF THE SERVICE OF THE NOTICE UPON YOU, AND YOU ARE REQUIRED TO QUIT AND DELIVER UP THE POSSESSION OF THE PREMISES TO THE UNDERSIGNED ON OR BEFORE THAT DATE.
IF YOU FAIL TO DO SO, LEGAL PROCEEDINGS WILL BE INSTITUTED AGAINST YOU FOR THE POSSESSION OF THE PREMISES, FOR FORFEITURE OF THE RENTAL AGREEMENT AND FOR SUCH MONETARY DAMAGES AS MAY BE ALLOWED BY LAW.
Dated: 5/21/2012 Owner/Agent: Signed by a different person
Contact at: Law Office of Bla Bla Bla
Form courtesy of Bla eviction service
>>>> On 6/6 she then gets the following 3 day notice!
THREE DAY NOTICE TO PAY RENT OR VACATE PREMISES
C.C.P. 1161(2)
HOTEL (OWNERS)
PLANTIFF(S)
VS
JANE DOE (NOTE JOHN DOE NO LONGER MENTIONED) (Residents)
DEFENDANTS
Does 1 -10
To: Jane Doe
AND ALL OTHER OCCUPANTS (S) IN POSSESSION:
YOU ARE HEREBY NOTIFIED that pursuant to the lease or agreement dated ____________________ (line was left blank) under which you hold the possession of the premises described in this notice, there is now due, unpaid, and delinquent rent in the following amounts for the following specified periods.
$ 599.00 Due from 5/27, 2012 thru 5/5, 2012
For a total sum of FIVE HUNDRED NINETY NINE ($599.00)
YOU ARE FURTHER NOTIFIED THAT within three (3) days after service of this notice upon you, you must pay the amount of rent stated in this notice in full or quit the premises and deliver up the possession of the premises to the undersigned, who is authorized to receive possession of the premises, or the undersigned will institute legal proceedings for unlawful detainer against you to recover possession of the premises and to recover all rents and damages due.
YOU ARE HEREBY NOTIFIED that by this notice the undersigned elects to and does declare a forfeiture of the lease or aggreement if the rent stated in this notice is not paid in full within three (3) days.
The premises that are the subject of this notice are described as BLA BLA Blvd #XXX Ontario CA 91764
Dated 6/6/2012 _______________________ Signed by same person who signed the 30 day notice of 5/30
Pay to: HOTEL (correct name)
>>>> On 6/13 they filed the unlawful Detainer ON 6/13
>>>> She was never served so Plantiff used the NAIL AND MAIL method of service. This means she would have 15 total days to file an answer. On 6/28 she attempted to file her answer however was told it was too late that the plantiff already filed for default and they would not accept her answer even though it was CLEAR that she tried to file in time.
Sherriff has already given her notice and she has to leave by 6:00AM on Wednesday.
She is 26 and has a 15 month old and a baby of just 23 days. Her boyfriend is without a job and both are struggling. From what I can see the following is true.
1) The first notice was bogus and sent to wrong address with the wrong address listed.
2) She was given 30 days on 5/30 yet they filed on 6/13, a matter of 14 days.
3) The next notice on 5/30 was a 3 day notice which was not even from the hotel but some LLC.
4) Then yet another 30 day notice was given later the same day which did not even show the hotel as the one giving the notice
5) She was never properly served ANY of the notices as none were given by hand and none were mailed certified.
6) The unlawful detainer was supposedly "Nail and Mailed" and to even do a "Nail and Mail" you must have permission from the court and they do not have this or the record showing any failed attempts.
7) The hotel entered the room on 2 occasions without 24 hour notice. IN FACT the maintenence man walked in the room without even knocking WHILE SHE WAS THERE FRESH OUT OF THE SHOWER! He was DIRECTLY confronted by the boyfriend.
8) Her vehicle was broken into on 2 occasions and the hotel offered very little help the first time and no help the second time.
9) Among the items stolen was a laptop which had a battery issue. The very next day the hotel manager received a battery for the exact same model lap top. We found the package with the manager's name on it in the dumpster while looking for her belongings. This has never been revealed to the hotel. I know this is not relevant but this is to show you the type of people we are dealing with here.
10) We left a package for a friend and when he got it he noticed it was clearly rifled through. So we left him another package and this time with a recorder in it. You can clearly here them opening it up and realizing that "opps" your busted. This recording goes on for a while as they try and figure out what to do.
OK some of the info above is not related to the eviction but we felt it was needed to show the situation in full. There is more but this is enough for now.
Please help her as I am at my limit here and she can not afford an attorney and was turned down by the legal help office here.
Thanks!
