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Rental eviction Modifying a Lease

Discussion in 'Rental Agreements & Subleases' started by Vdacious, Mar 19, 2016.

  1. Vdacious

    Vdacious Law Topic Starter Guest

    Jurisdiction:
    California
    My landlord sends me a rent increase every year stating rent due on the 10th 5 day grace period. If I don't pay on the 10th he puts a three day pay or quit. This year he sent a letter with the increase that said rent is due 5th of the month effective Feb 10 I paid on the 15th as I have for 4years and he sent my check back
    I called him and he said I was late and it's in his lawyers hands.
    I'm month to month
    Can he legally change my due date?
    One letter says 10th another letter says the 5th
     
  2. adjusterjack

    adjusterjack Super Moderator

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    How far in advance of the effective date of the change in terms did he send you the notice?

    On a month to month tenancy, since you've apparently been there more than a year, he would have to give you 60 days written notice of termination of your tenancy.

    My take on it is that a change in terms is a termination of tenancy.

    So, the answer is yes, he can change the terms with proper notice.

    What he's wrong about is giving you a pay or quit notice on the due date. With a 5 day grace period the rent's not late until 5 days after the due date so he would have to wait to serve the pay or quit notice on the day after the 5 day grace period ends.

    Basically, though, your landlord is being an ahole. Maybe it's time you found another place to live.

    You would only have to give 30 days written notice.

    See 1946.1 for the termination statute.

    CA Codes (civ:1940-1954.1)
     
  3. Vdacious

    Vdacious New Member

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  4. Vdacious

    Vdacious New Member

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    Landlord paperwork is confusing the 3 day pay or quit says 10th of March through the 10th of April
    So if I have a 5 day grace period he's illegally trying to evict me?
     
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  5. adjusterjack

    adjusterjack Super Moderator

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    That's not what I asked. You're going to have to clarify the dates.

    You said he sent you a notice of rent increase and change in the due date.

    What was the date of the notice?

    What was the date that the rent increase and change of due date was to go into effect.
     
  6. Vdacious

    Vdacious New Member

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    The rent increase had two sheets one said February 10 rent will increase and 5day grace.
    The other said effective February 10 your rent will increase and is due the 5th of every month
    The 3day pay or quit said February 10 thur March 10
    He never rescinded the 5day grace
    So my question is this a illegal eviction he's starting
     
  7. Vdacious

    Vdacious New Member

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    The first notice was dated 11-27-15
    They made a mistake and sent the second notice December 3
     
  8. adjusterjack

    adjusterjack Super Moderator

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    OK. Either way you got better than 60 days notice of the change.

    Did both sheets come together or did one come in November and the other in December? If they came separately, which one came in November and which one came in December?

    I'm still trying to get a complete picture.

    Another question: Have you been served an eviction summons and complaint from the court? If yes, what was the exact date you were served?
     
  9. Vdacious

    Vdacious New Member

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  10. Vdacious

    Vdacious New Member

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    The first notice 11-27-15 they had the wrong rent increase
    The second December 3 had two sheets one stated Rent due February 10 5 day grace period
    Attach to it on the second page it said effective February 10 rent increases and is due the 5th of every month
    No I have not been served yet. The landlord sent my check back and when I ask him why he said he turn it over to his lawyer
     
  11. adjusterjack

    adjusterjack Super Moderator

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    It certainly seems that you would have a defense to eviction for non-payment if it gets to court.

    So, meantime, he returned your Feb rent check and it's already a month since then.

    Have you had any further discussions with him?

    Did you try to pay the March rent?

    It's beyond me what this guy's playing at. You'll just have to wait and see what happens.

    Are you prepared to move quickly if you have to?

    Might be a good idea to find another place.
     
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  12. Vdacious

    Vdacious New Member

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    Thank you for all your help!
    Going to start packing
    Just need to know what to expect in court. He return March rent check.
     
  13. C-Note

    C-Note Member

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    Seems to me the LL cannot give you a 3-Day Notice until March 11, the following month, if you haven't paid rent within the 5 day grace period after the rent is due (March 5)!
    I base this on the fact that you said the notice said "effective February 10 your rent will increase AND is due the 5th of every month. Therefore, your LL cannot start an Unlawful Detainer action against you until you've failed to pay rent beyond your 5 day grace period after it is due.
     
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  14. Vdacious

    Vdacious New Member

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    Yes the letter said effective February 10 rent is due the 5th of every month. But the three day pay or quit said due March 10-April 10
    So his paperwork is contradicting
    When I called him to ask why he sent my check back he said I should have paid on the March 10
    When he gave me the 3 day pay or quit on the 11th I should have paid by March 14. I asked him about the 5day grace and he responded I turn it over to my lawyer
     

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