30 day notice?
So a friend of mine received a in my opinion bs fake 30 day notice by the landlord stating our local pd is demanding a termination of lease but going to the pd, sheriff, and courts there is no such thing and all 3 say its fake. During covid she has bin paying her rent on time and she managed to give the landlord rent for the month after the notice. Anyone know how to write a letter or know any templates that she can use to fight this???please also the landlord wants her to sign papers saying she will leave end of December after receiving rent
Btw we are in the state of California
- Nuff SedLv 72 months ago
The PD, sheriff and courts are not going to give you legal advice. The landlord cannot fraudulently bully a tenant into leaving, unless they want to be sued. A 30-day notice is not an unusual means to terminate a month-to-month lease or to give notice of their choice not to renew a lease for a longer period. She doesn't need to "sign" anything for the landlord. They gave her notice. It's too bad for them if they cannot prove it, should that question ever arise. She doesn't have to help them if she doesn't want to. She just needs to understand what the notice is about and what happens if she ignores it.
- babyboomer1001Lv 72 months ago
If her lease is up at the end of December, then she needs to sign that she will be out by then, and be out by then. If she has violated her lease, the landlord has a right to offer her a move out option, without the necessity of an eviction, which she should GLADLY accept, because an eviction will cause her to have a miserable record, damaging her credit and credibility, and she will have little or zero chance at renting again.
- 2 months ago
Depending on where she is, a thirty day notice from the landlord doesn't constitute a legal eviction. I would tell him to take the paper back and he can go file in court if he really wants to try to evict her. If she has a lease and the term is not expired on the lease and has not violated the lease her landlord likely has no ground to evict her. A landlord must honor his or her lease just as the tenant(s) are required to as well. If there is no written lease, a verbal lease may also be enforceable. So I would continue paying rent and go to court if or when the landlord took the step to file for eviction in court.
- ?Lv 72 months ago
The police would never do that, as they have no jurisdiction to do that. She does not need to do anything to fight it. If the lease is ending and this is notice it will not be renewed, then she is out of luck. If the lease is not ending, she needs to simply keep paying the rent. LL can want anything, she has no obligation to sign any paperwork.
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- Ron AkiaLv 72 months ago
If she has a lease, the terms of the lease cannot be broken by the landlord. Tell her to sign no papers for the landlord or she may be changing those terms.
- linkus86Lv 72 months ago
If your friend is renting month to month, the 30 day notice to vacate is not fake, but a legal requirement of the landlord to end the tenancy. If makes no difference if the rent has been paid either, as rent if paid upfront every month and your friend is not being asked to leave until the end of the rental period that they already paid.
When renting month to month the landlord doesn't need a reason to decide to end the tenancy either. So if the reason offered is untrue, it doesn't make the request invalid. All that is required is to give the tenant a full month's notice, thus why it is being offered now, before the beginning of December and expecting the tenant to depart by the end of December. Sorry.
- sunshine_melLv 72 months ago
If she's a month to month tenant, then the landlord can legally give her 30 days notice, and the tenancy will then end. She's not being evicted, the tenancy is being terminated. This is NORMAL and LEGAL, and nothing to do with the courts or legal system. And she will need to pay rent until she leaves, which will need to be as per the landlord's letter.
If she has a fixed term lease that hasn't yet ended, it can only be ended early by breach of the lease / eviction, or the agreement in writing of all parties.
- Anonymous2 months ago
"in my opinion bs fake 30 day notice"
Your opinion is irrelevant. Have you even READ her rental contract?
If she's a month to month tenant, the landlord has every right to tell her to leave. It's not her property and she doesn't get to decide who lives there.
Anyways, no one here has seen her rental contract so no one here knows if she is a month to month tenant, coming to the end of her lease or whether the landlord is doing something wrong.
- MaxiLv 72 months ago
If your 'friend' is a month to month tenant or is coming to the end of their termed contrat the landlord can give 30 days notice and certainly doesn't need to explain or make any excuse as to why they want their property back/ tenant to leave......... and of course your 'friend' needs to remaining payin their rent for the time they live there.
- Anonymous2 months ago
Sounds like BS to me. Unless its a month to month lease. Confront the landlord. If he or she has 7 months remaining they should not sign if they do not want to move. No need for a template. They have a contract.