Eviction Notice Help?

Hi, I moved into a place ten months ago and did not realize how gross my roommate was and how unsafe the house was until a few months in. I brought up mold issues and was ignored before and told mold is not a concern. I never called the health inspector though. I live in California. My roommate lives his dishes around until the point where there are maggots and we get rats. The outlets need to be fixed in the house and we don’t even have a carbon monoxide machine in the house. My sub landlord doesn’t even take showers and everything he touches gets grease marks on it. I have never signed a lease. Anyway, I didn’t pay rent because I wanted these issues dealt with. When I brought it up in a meeting, all he did was try to record me and get me to admit that I wasn’t paying rent instead of listening to the problems of the house. Then he gave me a 3 day eviction notice. I called the environmental safety number and they will be sending a letter to the actual landlord to check the place for mold is 21 days. And then I called the health/safety for electrical, carbon monoxide, etc and they will investigate in 7-20 days. What are my options here? Should I pay rent? He hasn’t addressed any of my issues.. I didn’t sign a lease and I feel like as soon as I pay.. he’s just going to give me 30 days to move out and keep my deposit. Help?

15 Answers

  • 8 months ago

    You legally owe rent. You cannot legally withhold rent because of 'issues' without following state law. You just went by your feelings of what was right, not by state law.

    You were NOT given a 3 day eviction notice. You were given a 3 day 'pay or vacate' notice, which is the first step in the eviction process. If you don't pay or vacate before the 3 days is up, the landlord can file with the court to evict you.

    You did not have to sign a lease. When you don't sign a lease, you are automatically on what is usually called 'month to month', but California is a 60 day notice state. At any time you were not happy with the situation, you could have given the landlord 60 days notice that you were moving out. The landlord could have gotten you out the same way.

    As soon as you pay, the landlord can give you that 60 days notice. They can't keep the security deposit unless they follow state law in documenting damages that they can withhold from security to cover. You make sure that when you do move out, you do a walkthrough of the place with the landlord and video record it - bring a friend and have them record it. This can help you in court to challenge what the landlord claims are damages.

    There are right ways to do things in life and there are people who don't want to take the time to do them. It takes a little extra time and effort to protect your rights as a tenant, and so many tenants do not take that time, and so they end up with problems that cost them a lot of money and headache.

    You do a recorded wlakthrough when you move in and move out. If the landlord refuses to be there or send an agent, you do the walkthrough anyway, and time-stamp it by taking a video of something on TV that shows the time. A local news broadcast is good for this, you can always get the station to verify the date and time if you end up in court.

    You always make your repair requests IN WRITING and send them by certified mail with proof of delivery. And if the work is not done, you follow up with additional written requests. It's up to you to know your state's landlord/tenant law and it is easily looked up online. Tere may be a legal way to withhold rent money until the work is done, but you have to follow the law in doing it.

    These things take some work and mailing costs several dollars each time, but it's cheap insurance.

  • Bort
    Lv 6
    8 months ago

    Warranty of Habitability (California)

    Read this:


    If the property management / landlord does not comply with it you have every right to with hold rent until the repairs are complete. They cannot evict.

    As long as your complaints are within the Warranty of Habitability laws you're doing the right thing.

    What you should do:

    Move out. As soon as you can. It's not worth fighting to live in that degree of disgust and filth that the room mate causes and it's not your responsibility to clean it up. Get yourself out of the situation.

    Call the local Sherrif's department and let them know what's going on, and that you plan to move out as soon as you can, and there are Warranty of Habitability concerns you are trying to get addressed is why the landlord is attempting to evict. They don't have to but they will very likely give you some leniency. The thing is Evictions are a process that a landlord must follow strictly and do correctly, or the eviction request is denied. It sounds that in this case due to the dwelling having electrical issues it is not legally habitable. So...next;

    Call your local Code Enforcement. They are the department of law enforcement you need in this situation. They will come inspect the place within a few days if not the same day you call if you call early enough in the morning. If it is truly not habitable or there in violation of any city codes the Code Officer will shut it down and order everyone to move out temporarily (so you have to be prepared for that) and give the landlord reasonable time to fix the issues causing violation or inhabitability.

    If you must get a hotel or motel room the landlord may or may not be responsible to pay for it until the repairs are done or you find another place to live. That is something else you'll have to check on California law for.

    Since you did not sign a lease unless there is a verbal agreement of a longer lease than month-to-month you are on a month-to-month lease agreement. When you look up the laws look them up for that type of rental agreement, month-to-month is different than longer lease agreements. A tenant can move out or be asked to leave in a shorter period of time than in a year long lease agreement when they're month-to-month is one of the things that are different that you need to know.

    Call the Code Officer, have them inspect the place, and do what they advise or tell you to do.

  • 8 months ago

    You have to pay rent. What you should have done is give notice and move out. If you stay, you have to pay rent. End of story.

  • 8 months ago

    You ARE going to be evicted, one way or another.  Mold is YOUR problem.  You are expected to maintain the interior in a clean and safe environment.  Why did you allow the mold to grow?  Why haven't you cleaned it?  It is YOUR responsibility, not the landlord's.  Your roommate is YOUR problem, not the landlord's.  He will likely be told to install a carbon monoxide detector.  They are cheap.  He will probably not see that as a problem.  If you reported an electrical issue and he has ignored it, when the inspector sees it needing repair, the landlord will be told to do that too.  If you did not properly report the issue, then the landlord will resent it and evict you.  I think he will evict you regardless, for your filthy living conditions but primarily for failing to pay rent.  If he decides to allow the filthy living conditions, he will certainly evict you for failing to pay rent.   Cleaning is YOUR responsibility - yours and your roommate's.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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  • Anonymous
    8 months ago

    Someone who pays rent, and doesn't have a lease can be kicked out in a short period of time.

    If you stay wherever you are, for whatever reason you have, and you end up having to go to court then I think you will be ordered to leave. In addition you probably won't be given anymore time to find another place to live.

    I think what you should do is look, for a new home RIGHT NOW, and pack up your belongings then leave.

  • 8 months ago

    In California, you are required to pay rent.  Without a fixed term lease, you can give 30 days notice at any time and it's an an actual 30 days.  Notice today Dec 7th, means you are out on Jan 5th.  If you left damage or didn't pay, they can keep your security deposit.  You don't get to live rent free.

    - If you didn't like the place, you should have just left.

    There are many different types of mold.  Only 2 are dangerous to humans.  Unless you are living in a very moist area of California like the hills above Santa Cruz (Scott's Valley) or something similar, it is unlikely that you would have a dangerous form.  If you are Los Angeles, Central Valley, East Bay, etc - it would be very rare for black mold to be able to grow. 

    If your dishes are so dirty that they create maggots and rats = WASH THEM and look for a new place to live.  Big deal that you spent a few minutes of your time doing the dishes, if it makes a safe habitat.

    It's also very rare to have carbon dioxide issues in California.  As a result, carbon dioxide monitors were not required in most areas until 2009-ish.  But the concept that you would even know if you have a carbon dioxide monitor is silly - most smoke detectors are also carbon dioxide monitors, so unless you climbed up and looked at the smoke detector closely, you wouldn't know.

    - If you are still concerned, spend your $20 and go buy one.

    I have no idea what "outlets needs to be fixed" means?  Are they broken or you just don't like them (2 prong instead of 3)?  If they are broken, file a maintenance request with the landlord. 

  • 8 months ago

    To take your issues one at a time:

    This is not mold, it is mildew from lack of cleaning.  What happens when you do not clean is that mildew grows on dirt especially in damp places like the bathroom.  Both of you are equally at fault.

    Maggots and mice (these are not rats) come from filthy living conditions.   Both of you are equally responsible for that.

    Outlets need to be fixed?  Hard to know what that means but your landlord may be able to claim that you damaged them by being too rough.  

    Landlord is not required to install a carbon monoxide detector unless there is fossil fuel burning heater or appliance.   If there is a furnace in the basement, that may be where the detector is located.

    None of this prevents you from being evicted by your roommate-landlord for non payment of your rent.  Yes  he has given you 30 days  and yes you will lose your deposit.  You will also find that the eviction on your record makes it close to impossible to rent elsewhere. 

    Do this properly; pay your rent, given written notice not text or email and leave on the appointed day.  If your roommate-landlord does not return your deposit you will have to sue in small claims.  Expect landlord to claim you left the place filthy and show photos so take your own photos showing you left the place spotless.

  • 8 months ago

    If you haven't signed a lease then your best option is to leave but you have to give the proper notice, usually 30 days.  Failure to pay rent is a reason for eviction! There's no such thing as a 3 day eviction notice.  It's a 3 (or 5) day notice to quit (vacate) or pay.  If you do neither then he may file for eviction.  The mold is usually harmless mildew and it can be caused by improper drying.  As far as electrical was your notice in writing?  Google "landlord tenant laws California" for details.

  • Maxi
    Lv 7
    8 months ago

    Sounds like you are a subtenant, so the tenant who sublet to you is your landlord and it is up to them the give you notice and court evict you, it is them who you complain to about any maintenance/repairs and them you pay rent to, also sounds like you are a month to month subtenant, so if you do not pay rent of course they will give you notice and court evict.....in so far as the other tenant ( your landlord) living like a pig, that is between you and them to sort out, it is nothing to do with the real landlord.

    You have breached your month to month contract( written or not you have a contract) by not paying rent  so of course you have been given notice..... and dirty living will cause rats and if you can see 'mold' it is highly likely it is mildew which is down to lack of cleaning, lack of heat and lack of ventilation again a teant caused issue and not mold at all.

    Not sure what you are asking for help when you are not paying your rent when if you do the issue of 3 days notice is over, you are only month to month so at any time you can get a months notice to leave anyway as you have no security of tenure

  • Anonymous
    8 months ago

    People can only help if you've asked an actual question. Since you didn't, our only option is to report you.

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