All Forum Posts by: Siobhan Loftus

Yes, I am hoping it’s a bunch of BS which I think it is. Thanks so much for your input! 

Nathan - yes I communicated with her via email in which she acknowledged that I was giving her notice because she violated the guest policy. She offered more rent but I turned it down. Just wanted them out since they lied. The main reason I was concerned about how this would be handled in court is because the demand letter is from her son in law whom is a landlord tenant attorney. (I know I was an idiot to rent to her). So I am concerned that he might try to claim some legal technicality concerning the eviction moratorium etc. One of the things they’re saying in the demand letter is that I violated code 1950.5 for security deposits. Do you think they could claim that since my notice was defective that I shouldn’t have been able to deduct rent for the remainder of the 30 day period? They’re claiming they could get double damages. Also claiming harassment, retaliation, and several other things all with no basis. I think they’re just mad that I didn’t go along with their lies and manipulation. So they’re throwing everything but the kitchen sink at me to see what might stick and to scare me. I’ll take your advise and wait and see. Btw they occupied the unit for a total of 20 days and yet they’re able to basically harass me continuously with this garbage. Thank you fir your reply. 

I am a landlord in California. I recently had a new tenant that stated that a person was going to stay with them for a couple of weeks to help them move in.  However when that time past, and I asked when the guest was leaving, the tenant said that the guest was going to stay a couple of months. I told the tenant that I did not agree to making the guest an additional tenant.  In response the tenant said that she was going to vacate by the end of the month but then stated she was not giving legal notice to end the tenancy. I told her that she needed to give legal notice in writing which she refused to do so I gave her 30 day notice to make intentions clear for all concerned.  She still moved out by by month end but prior to the expiration of the 30 day notice. I returned her security deposit minus the rent for the remainder of the 30 day term. 

This was in April 2021 so it was during the current eviction moratorium.  I thought I was in the right to give a 30 day notice at that time (because it was prior to one year of tenancy) but apparently that legislation changed. Apparently a landlord cannot give a "No Cause" notice even before 1 year now. So she has now sent me a demand letter for $3000.00 for alleged violation of the Eviction moratorium and numerous other codes.  After some research I now realize that I did not state a "Just Cause" reason in the 30 day notice and I should have given the 3day notice to cure, etcetera instead. 

If we end up in court will the judge see that this is in fact a "Just Cause" eviction based upon our correspondence and evidence and that I simply made a procedural error in not submitting the proper notice? Or am guilty or liable simply based on the fact that I did not use the proper notice during the eviction moratorium?  If I am "guilty/liable" is there penalties for this or is the notice simply considered defective? 

Any input would be appreciated. Thanks.