Legal Question in Landlord & Tenant Law in California

I just recently paid rent for the month in a house where I have been living for about 9 months. My landlord's son just got out of jail two days after I paid my rent and now he is telling me I have to move my stuff to a much smaller room in the house, where it will not fit. He said he would be here to put my stuff outside in the morning and I told him he could not do that. Now he gave me a three day quit notice and I can not find a place in three days, plus I paid my rent for the month. I was told I could choose my room and was never told I was going to have to give that room up. There is no way I would ever pay the amount I am for the other room. Do I really have to leave in three days. It seems kind of ridiculous. I have always paid my rent on time and have never caused any problems. On the quit notice he wrote that I was trespassing, property damage and theft of utilities. That just isn't true. I did change the electric to my name because it was in a previous tenant's name and he wasn't here anymore. I also added cable and internet. I hardly think that is theft of utilities. What should I do???


Asked on 7/09/10, 5:57 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I assume that what you mean is that you had the utilities changed over to your name and paid them yourself. Theft of utilities would be your diverting the power from some legitimate user and not paying for it. You are not trespassing as you are a tenant. Property damage is very vague; tell him you want details. He has no apparent basis to give you a three day notice; I would give him a written response telling him that and that he appears to be harassing you to force you to leave, but you can not possibly find a new place within three days and legally you do not have to move.

As a practical matter he will eventually figure out that he has to give you a written 30 day notice to get you out, so you need to start looking for another place to move to.

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Answered on 7/09/10, 10:39 pm


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