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Landlord gave me 30 day notice before I even moved in

Discussion in 'Moving In & Out, Movers' started by aim900, Dec 3, 2016.

  1. aim900

    aim900 Law Topic Starter Guest

    Jurisdiction:
    California
    I answered an ad for a furnished room for rent. The lady offered me the room, I brought over first month's rent and security deposit in cash. She gave me a key and asked me when I wanted to move in, I said that night (since it was the 1st). She said okay, great!

    No rental agreement. Just a month to month verbal agreement.

    I went to work, came back that evening to move in, and she tells me she needed to verify my employment but couldn't reach my supervisor. She got angry, accused me of lying, etc. This goes on for a while, but since it was 10pm she told me she would allow me to sleep there, but that I could NOT move in. She forbade me from bringing anything in from my car. It was late, I was tired so I slept in my clothes and left the next morning at 6am (which was yesterday).

    She called my brother, ranted to him that she couldn't reach my supervisor ... she was angry. He said she was nuts.

    So I called and left a message, that maybe we should just forget this whole thing. I would return her key if she returned my money (less one night prorated for the night I slept there on 12/1). This was yesterday morning.

    No reply from her. I texted, I emailed, I called-all day and all evening, no reply from her. I went to her house last night, tried to open the door with my key, but she had other locks on the door and I couldn't get in. I knocked. I heard the TV, saw her legs (through the blinds) as she got up off the couch and walked into the kitchen and stayed there. I thought about calling the cops, but it was late and windy and freezing. I just got a hotel room, and sent her an email asking her what was going on, why she didn't just answer the door, why was I locked out. That I gave her $1,000 in cash and that avoiding me was not going to make me just go away. Again I suggested we just part ways, return keys/money. It was only the 2nd, she could give the room to one of the other people who wanted it.

    This morning she sent me an email:

    You have rented a furnished room and will be out by 12/31 at midnight, for I am giving you notice you will not be renewed. You have received your key and you have insisted on sleeping in the house even though you lied on your application (there was no application). You have not been locked out - that is a lie. I will charge you for disturbing me from now on (I guess for knocking on the front door?). Please lock the deadbolt when you are inside the house only (how else, I don't have a key for it). If you persist I will call the police and have you arrested for disturbing the peace! Please do not disturb me again!! If you wish to speak with me, make an appt (but I have to walk past her to get to my room). I will report you to the police for lying also, if you do it again!

    aforum.freeadvice.com_images_smilies_confused.gif

    Is there any way for me to get out of this legally? I don't want to live there after her crazy irate email. At this point, I am worried about something happening to my personal property if I move it in there. I'm also worried about my security deposit. She's the kind of nutcase that would accuse me of something or damage something herself in order to keep it. I really don't trust her.

    Thanks so much for your help!
     
  2. army judge

    army judge Super Moderator

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    At this point what she gave you was simply the required REQUEST to vacate.
    You can ignore it, however she'll probably file for a legal eviction proceeding upon expiration of the 30 days, if you haven't voluntarily left.

    You aren't entitled LEGALLY to one dollar of the money you've already paid.

    You can try to discuss this with her and offer this compromise:
    "Ma'am, I know if I don't leave by 31 December, you must file for an eviction hearing in court. That will probably take 6-8 weeks before the case is heard. I suggest a compromise where we both come awya feeling good. You keep HALF of the money I gave you, give it to me TODAY, we sign our understanding of the voluntary compromise, we each keep a copy, and I leave with HALF of the money, you keep the other HALF, and this will be over for BOTH of us? Is it a deal, ma'am?"

    Put that in your own words, be polite, be nice, be calm, and look sad and desperate.

    That's your best shot, mate, anything else, you lose everything.

    Beyond that, your FICO will get dinged, and you'll find renting decent housing impossible for decades. Why? You already know, all of this goes into that landlord database.
     
  3. aim900

    aim900 New Member

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    You said I'm not legally entitled to one dollar of the money I gave her, but I should be entitled to get my security deposit back, right? If I leave the place exactly the same as when I moved in, etc., etc.
     
  4. army judge

    army judge Super Moderator

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    You want to wait until February, when this case might get heard, or would you rather have HALF of the money the day you and she cut your deal?

    Probably, she could trash the place and claim you did it.

    You have no proof of the condition the place is today, or was.

    You never really got to settle into the room.

    People lie everyday, and just make stuff up to serve their interests.

    If you're worried for your safety, don't diddle over money.

    Again, ask for HALF of ALL monies you spent, that includes rent & security deposit.

    A bird in the hand is worth two in the bush.

    But, I'm not your boss or king, I'm just an old country lawyer who'd rather negotiate than litigate.

    I'm also a damn good litigator, but I prefer to negotiate because I can broker a solution quicker than I can secure a verdict for my clients.
     

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