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So I just got a 15 day notice to move out...

Discussion in 'Members' Lounge' started by Dustin_m, Apr 9, 2008.

  1. Dustin_m

    Dustin_m Active Member

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    Ok, this story is gonna get long, so I'll post some cliffs.

    :cliffs:
    Landlord gets bitch gf, shit starts getting weird.
    bitch finds other girls hair in owners bathroom, flips out
    owner loses dvd's, accuses & threatens roommates
    I send an email speaking my ming, happiness does not ensue
    owner says my gf no longer allowed in my room, wtf?
    me, on my way to court soon, probably no longer living there

    Here's the long story:

    I have lived in my current house since November 2006. I rent one room in a 5 bedroom house. The owner/landlord lives in the master, and there are two other guys that live there. One guy has the 2 br upstairs and theres the master and 2 more downstairs.

    When I first checked the place out, I asked a bunch of questions. The owner is pretty young, and from everything I asked, it all seemd cool. I told him speifically that my gf was over often, and that we spent most all of our time together. He specifically said that was fine.

    ok so everything was cool for the past year and a few months.

    Fast forward to late last year, the owner got a steady gf. before that he would bring random hoes home all the time, and have them screaming and all that shit while having sex. That shit is really rude in my book, but apparently he didnt think so. So this guy gets a gf, and shit starts changing. things get reorganized, kitchen stuff is being bought, all kins of weird shit within a few weeks of this bitch being here.

    So, I had been renting month to month for a while after my lease was up. I got into a university about 200 miles away, and gave my notice that I was moving. everything was cool, then the plans for school fell through when they wouldn't transfer some classes so I decided to stay. The same day I emailed the landlord and asked if I could stay. He said cool, but he had planned to up the rent. We negotiated a price just a tiny bit more than my current rent, and agreed to do a lease for the last few months. This is where I did go wrong, by signing the lease, but it gets better...

    The same day that I handed him the signed lease and got a signed copy from him (mid March), shit starts to hit the fan. That night i was home doing homework, waiting for my gf to get off work to go somewhere and study. I walk out in the hallway to go to the kitchen, and I see a big ass construction paper note on the owners bedroom door.

    It read something like this:
    No tenants are to use my bathroom. This is the third time that i have found long black hair in my bathroom. I do not appreciate someone else thinking they have the right to go in here. This area is off limits. This ic obviously not sarahs hair, as she is blonde"

    below that it had 2 stick figures drawn, one of his gf and one of the mystery person with dark hair that takes showers in his br when he's gone.

    I immediately took offense to it, as I'm the only other one with a girl over. My gf does not have dark hair though, more of a light-med brown, this stuff was darker (he taped the hair to the note). So I wrote an email telling him that the note was rude and offensive, and that it needed to be taken down. I also pointed out that it could have been tracked in on someones clothes, shoes, or anything really, and that it also could have been the cleaning ladies who clean his room and bathroom. He didn't respond, but went out and added to the note that he KNEW that it wasn't the cleaning people, and that it was someone here.

    ok, so I emailed back that this was basically bullshit and i wasnt going to be made to feel uncomfortable somehwere where i pay rent, he needed to fucking take it down. next time i looked the note was gone. We exchanged a few emails the next day in which he tried to say that this was HIS house and he wasn't about to be disrespected in his own home. I shot bakc a few things that made him end up apologizing for the way he handled it.


    Ok, fast forward to last week. He sends an email to all the tenants stating that he is missing dvd's from his collection, which is stored in the living room. No one in the house except for him uses the living room. He has said before that it was cool to borrow dvd's, so we all use them now and then. In this email, he was just asking us to look through our stuff and see if we had any of his. I looked, and had a couple, which i returned and followed up with an email to him stating which ones were returned. One of the other roommates had just moved out, and the other one responded to all of us stating that he didn't have any of the dvd's.

    So then a couple days later I get this email:
    Note: This is copied directly from the email, spelling/grammar errors and all.

    I responded by saying "As I said earlier, I had 2 dvd's and have already returned both of them."

    The next afternoon I get an email from him while I was away getting some dinner. My gf had came over and stayed there while i went to Subway. When I got home, this was in my email:


    This was complete horseshit, as my gf has went home regularly since I have lived there. I responded:

    ToSo that was yesterday. today I get home from work and I have a notice on my door that is a 15 day "cure or quit" notice. States that I have 15 days to either comply with the lease or move out.

    He lists the part of the lease I "violated" which says that I can't let friends or family use the house or utilities, and another clause that talks about illegal activities inwhich he puts in that "neither tenant nor tenant's guest may withhold any other tenant's personal property, cause a disturbance, or write on another persons automobile" wtf? I took me a minute to realize that he was specifically blaming me for the dvd's, and that he also said I caused some kind of disturbance, which i never did, and something about writing on an automobile, which I know nothing about.

    I've ignored all emails simce that long one I sent, have since contacted people I know who are attorneys, and have found a lawyer who specializes in property law, specifically tenant/landlord disputes. I am going to be giving the attorney a call tomorrow to set up an appointment w/ him



    Now, wtf does all of this mean? I want to get the fuck out of there. I have spent some time reading today,a dn have found some legal ways to get out, jst have to find out whats recommended. The way this "15 day notice" thing is worded, it seems as though he may, either intentionally or unintentionally, be releasing me from the lease, as it says that I may choose to just move out instead of complying w/ the lease, but I have to make sure about that.

    All of this bullshit boils down to a immature white trash girls insecurity. This trashy ho that he calls his gf is pissed because there is another girl in the house, even though the roommates rarely run into each other because of different schedules. My gf is all pissed about the situation and is not helping out because she is wnting to make decisions based off emotion, which is not the right thing in this situation.

    I know I had to have made a bunch of spelling errors here, i don't care. I spent a half hour writing this damn thing, and really didnt even get into that much detail.

    So what are your guys' thoughts on this?

    I know a lot of the things he has done are illegal, especially breaching the expressed covenant of quiet enjoyment, which states that basically I have the right to enjoy my home without being harrased/bothered/threatened. I plan to attempt getting out of the lease, and also plan to pursue this in court because I feel that I am owed a majority of my rent back, my deposit, and compensatory damages for having to take time our to school and work to deal with this issue, and of course, legal fees.

    any thoughts?
     
  2. Dustin_m

    Dustin_m Active Member

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    Holy shit. didnt think it was that long :eek:
     
  3. AHHVTEC

    AHHVTEC Well-Known Member VIP

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    i read the whole efin thing my eyes hurt lol, but anyways yea its bs but he owns the place so he can kick you out if he wants but he will have to kick you out by law meaning it will take a full 90 days, after the notices starts and not by him by the courts
     
  4. |Chaz|

    |Chaz| Well-Known Member VIP

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    Wow, that sucks man. I read through the whole thing, I'd try to give advice, but I really have none to offer. So all I can say is I wish you the best of luck.
     
  5. Briansol

    Briansol Admins Admin VIP

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    Your last reply is kinda out of line.

    just because his name is on the mortgage... Yup, that's everything. it IS his house regardless fo the 'sharing' terms that were agreed upon. I don't know why he refers to himself as a tennant. odd.

    if he's evicting you, he is basically canceling your lease.
    I don't know about there, but there's a 30 day minimum here, 45 in the winter... neither of which is enforcable if there's children involved (but that doesn't amtter for you)

    You want out, get the fuck out :)
    Cozy house, 2bd, 2ba, gardener

    :)
     
  6. BrutalB83

    BrutalB83 Brutal Moderator Moderator VIP

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    So do you guys never see each other, or what? What's up with all the e-mailing when you live in the same house?
     
  7. Aleaf.CRX

    Aleaf.CRX Hates Cunts!

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    Damn, that's fucked up. I had/ have those kind of disputes with my mom over the stupidest shit. And I don't even live there anymore!!!
     
  8. awptickes

    awptickes unimpressed by you VIP

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    Dude. GTFO.

    Can you post a copy of the lease here? With all appropriate information blacked out of course. I'd be interested in the terms of seperation as outlined in the lease.
     
  9. awptickes

    awptickes unimpressed by you VIP

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    It's to keep a record of all communication between landlord and tennant.
     
  10. Dustin_m

    Dustin_m Active Member

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    My last response wasn't out of line at all. It really doesn't matter that he lives here or not, If my name is on that lease saying that I am paying rent for my room, then it's my fucking room, and he loses pretty much all rights to it. There's a lot of provisions in the law that are there to prevent bullshit from landlords like this. If I were to post up the other emails between us, you could see that I have not been rude or out of line, just making sure I stood up for myself. And him referring to himself as a tenant is funny. He also has it written in there that ther will not be more than 3 people total living in the house, and right now there's 4, so I am wondering if that might be to my benefit.

    Yep. exactly. Besides, this guy doesn't do anything face to face, everything through email. I have played along with it since the documentation of everything is great

    here's the lease:
     
  11. awptickes

    awptickes unimpressed by you VIP

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    -You've got no leg to stand on about your girlfriend.

    -Do his emails have a signature block? A response with an email with your signature block could be considered agreement, and digitally signed.

    -Acting in good faith, this applies to the Landlord's property as well, since technically he's a tennant as well. Meaning, you are not liable for damage, or theft of his property. However, I would check your room for anytyhing of his that he claims is missing, because it could get dirty quickly.

    -If you can prove he violated this, it should give you some leverage. Pictures with time-date stamps are pretty solid proof. Also, any noise complaints to the police as well.

    -There's your sticking point. He emailed you, and didn't deilver it in persuant to the terms of the lease, and the changes to the lease cannot be binding.


    It looks like you've got some traction, should things go even more sour. But don't count on it. I'd check into the eviction laws in California. Should be something like 30 days.
     
  12. nootrac22

    nootrac22 Well-Known Member VIP

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    best advice to give is to find another place and talk to an attorney if one is available to you. Cali has a lot of tennant rights and some not for profit groups to help tennants in disputes such as these. That being said, no one wants to live somewhere that they are uncomfortable. So I would find out from someone (with the proper knowledge) if I could get out of the lease, and if I was owed compensation for the landlord breaking the lease, and I would move out as quickly as possible.

    Also you might want to concider putting a new keyed lock on your door. Keep in mind as a tennant you do have rights.
     
  13. TurboMirage

    TurboMirage YEEAAAHHH VIP

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    move out. fuck your landlord.
     
  14. nootrac22

    nootrac22 Well-Known Member VIP

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    california tenant rights - Google Search

    Tenant Rights, Laws and Protections: California

    Landlord/Tenant Book Index - California Department of Consumer Affairs


    just by posting it on your door does not constitute "service", so unless you get something in the mail what he did has no legal standing. Also there is no mention of a 15 day notice.


    </H4>
     
  15. EF9_Hatch

    EF9_Hatch Yeah

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    I read the entire thing and I agree with him.
     
  16. E_SolSi

    E_SolSi Member of the 20 nut club Moderator VIP

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    after reading all of that i really cant see any reason why you should want to stay there a minute longer than you have to
    i also see no reason that you shouldn't top shelf that mother fucker before you go
     
  17. Dustin_m

    Dustin_m Active Member

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    I've been referred to a good lawyer, and will be talking to him today.

    I do plan to sue for every fucking penny I can in small claims. His lease has a shit load of errors, and many of the clauses actually violate CA law. Also, about my gf, theres a possibility that he may not be able to enforce that. first off, he has no proof of it happening. second, I "own" that room while paying rent, and I don't think that he can legally tell me that I can't have anyone else there. He could say that no one can use the utilities, more than likely, but I don't think he can regulate what I do in my room as long as it's not illegal. The other thing is that he is throwing out all of these issues now, after I brought up that he has breached the covenant of quiet enjoyment. This makes it suspicious that these claims against me without any valid proof are just retaliatory, which is illegal for him to do.

    I'm finding another place at the moment. between working full time and getting close to finishing the semester, this really isn't the best time to move, so I'm trying to make it work for me as much as possible.

    As of right now, I leave for work @ 7am, drive an hour, work till 5pm, dirve an hour "home", shit, shower, shave, eat, finally start homework around 8-9pm, work on it till 2 or 3am, get to bed, then repeat. I literally have almost no time to move, gonna have to give up sleep for a day or two because I can't afford to compromise school or work.
     
  18. reckedracing

    reckedracing TTIWWOP VIP

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    seems you're letting this situation get out of control

    keep your cool till your semester is over

    you don't have any case for rent paid etc
    you don't even have a case about the pans cause you have no proof who scratched your shit
    and is it even worth it after getting a lawyer etc? i think you'd be laughed out of court

    just play it cool until he tries to evict you
    hopefully it will be after your semester ends

    wait it out
    let him stew, or perhaps try to encourage a breakup with the new gf or wait till she dumps his

    if i were in his situation and a tenant tried telling me i couldn't have a girl living in MY HOUSE, i would tell them to stfu or gtfo. it is still his home, even if you are paying the mortgage for him.
     
  19. get_nick

    get_nick These snozzberries taste like snozzberries... VIP

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    what are you going to sue for? illegal eviction? big fucking deal.

    move out and move on. shit, get a place with the gf if you have to.

    i learned this in while i was in the air force. roommates fucking suck donkey dick. if you can't afford a place on your own because of school, thats one thing. but the second you get money, get your own fucking place.

    roommates have ate my food, worn my clothes, drank my liquor, and fucked my girlfriend (after we broke up though). I fucking hate having a roommate, unless it's a gf.
     
  20. Dustin_m

    Dustin_m Active Member

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    I'm not going to put down some bullshit like the pans or any of that. I was merely making a point. I'm not going to go in asking for shit I have no proof of, it's stupid, and yes I agree that I would be laughed out of court. Mainly, I want out of the lease, and a guarantee that he is voiding that lease between us. Hopefully talking to this lawyer will give me some specifics that I can reference to in a letter to him. I plan to propose making an agreement to end the lease early. If he then tries to refuse that, then yea, i will take the time to go to court. Under the law, if I feel like quiet enjoyment has been breached, I can abandon the unit immediately and take it up in court, but it can go either way. That's the reason I'm gonna talk to the lawyer, and see if I have a case for anything. A couple friends I have talked to who are attorneys have said that I do have a case, but referred me to someone who has more experience in property law.

    Basically I just want to move the fuck out, and I plan to either way, just trying to cover my ass from getting sued for the lease. I'm not trying to slap some ridiculous lawsuit on him to make some cash. If it turns out that I have absolutely no ground to stand on, then my last resort is to be the worst fucking tenant in his life, and make him beg me to move out early. as for the gf, she gets there before him most days, so i have a few choice words i'm gonna throw out when she's around. if its just me and her, no proof i said shit.

    I want to make that bitch either start crying or make her feel so uncomfortable there that she wont want to be there.

    Oh, another thing. The reason I am really pissed about all this shit is that I had already planned to move u to central cali in the late summer for school up there. I am moving there either way, and had planned to have a stable place until then, now this dude is pulling this shit. Thats the only reason I am going to attempt to recoup moving costs, because had this not happened I wouldn't have had to relocate somewhere else short term like this.
     
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