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  • A MESS IN A MOTEL...

    Hi I live in California, currently live in a motel that has 11 seperate rooms, 2 of the rooms have a kitchen I live in one. I have lived here the longest 2yrs exactly. All but 1 room is occupied. All residents have lived there for longer than 30 days. There is a for rent sign instead of a vacancy, however the most rent that the owner allows to be paid is 28 days. There are too many violations to state all, I have given verbal notice that wiring is old/faulty since I moved in. I was in kitchen cooking I unplugged cooker and everyone's electric turned off, including a little store on premises. The main breaker was set off the second I unplugged cooker. I explained this to the owners worker who works 3 different jobs. He reset breaker than left. No follow up. This continues but not as bad. I stopped the use of that plug mostly because room has never had a smoke detector. I have told this verbally to worker as well as leaks & clogged pipes under kitchen sink. Room has a wall heater that has never worked. No locks for windows as well as no weather stripping any where. I have window in kitchen that has open gap between glass & frame. The front door has over 1 1/2" of opening the entire width of the door. It's a studio w/small kitchen. When I moved in 2yrs ago I informed the owner about heater. I was given electric heater. My fiance has made several complaints about how rent is paid. They ask us to put in a mailbox ( the only one for all tenants that you need a key to open so we have never neen able to retrieve our own mail. I suffered a huge loss due to them not giving mail daily or our own mailbox. I had an appeal to the EDD did not have time to supeona because I have no mailbox) with out getting a receipt for rent paid. We pay $800 to $1,000 a mth. $200 every friday.I sent a text to owner informing the heater has never worked, no weather stripping. Text was sent Oct 5th 2013. The owner's response was a electric small heater. I give notice in writing Nov 7th 2013 we are withholding our rent until repairs are made. Beginning Nov 1st till Dec 1st 2013, unless repairs are incomplete. Rent is in an account at bank e.t.c. The next day about 12 hours after owner recieved notice she was at our door yelling, calling us names, threating to get lawyer, and to evict. We were called back stabbers. Screaming that we did not put in writing blah blah. She left finally so I put everything that I've told for 2 years over and over & I was given a key to reset breaker so they would not have to come to motel so much. No one on site working ever. The next day which is 2 days after notice to withhold I was given a peice of paper the owner wrote up herself telling us we have 30 days then we must leave dated 10/25/13 to 11/25/13. I'm aware its not valid for a lot of reasons but the 25th of Oct was the last week we paid for 25th to the 1st. The reason we must leave is for remodel/ construction. My neighbor asked for repairs and was told she had to leave. I ask around we are the only ones thus far. Even after I complain via text about some one that lives on premises is selling drugs and prostitutes from room. Clearly stating she tried to sell us drugs. Response was that they knew already & they are working on getting her out but it's not easy. Yet she has not been given notice. This motel repair make over is the first time I was informed in an eviction. A retaliltory eviction. I have all my texts from both of them & mine, copies of my notices, and all notices from her, documentation, pictures e.t.c. I have a knock on my door about 3 weeks ago and a lady was told by owner that she can show my room to potential buyers. I had no clue the place is for sale or that I was living in an openhouse come on in. Violations every where. For some reason she is avoiding court process. What can I do to start some process in the courts she is harrassing me I asked her to stop texting me that my phone is personal that any contact can be in writing she refuses. The room has no working phone or phone outlet. Okay A lot is unsaid but the more material matters are stated. Should I get an lawyer? She is burying herself.. A Mess huh?

  • #2
    Re: A MESS IN A MOTEL...

    I wish to inform you that if a motel is in mess and is uninhabitable then you may terminate rent on the ground that place is uninhabitable. You may inform owner that as you have been staying for two years and relationship is that of owner and tenant thus you may not be regarded as lodger but tenant.

    AFF

    Comment


    • #3
      Re: A MESS IN A MOTEL...

      It appears you are incorrect. Handwritten notice to vacate with 30 days notice is appropriate. It is not retaliatory. You complained the unit was uninhabitable and the landlord is responding to your complaint by evicting you and repairing the unit. It falls under the old adage "watch out what you wish for, you might get it".

      PROPER SERVICE OF NOTICES

      A landlord's three-day, 30-day, or 60-day notice to a tenant must be "served" properly to be legally effective. The terms "serve" and "service"refer to procedures required by the law. These procedures are designed to increase the likelihood that the person to whom notice is given actually receives the notice.
      A landlord can serve a three-day notice on the tenant in one of three ways: by personal service, by substituted service, or by posting and mailing. The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant.
      • Personal service - To serve you personally, the person serving the notice must hand you the notice (or leave it with you if you refuse to take it).290 The three-day period begins the day after you receive the notice.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

      Comment


      • #4
        Re: A MESS IN A MOTEL...

        Aside from not knowing why you would stay in such a place for 2+ years, the LL has every right to evict you with proper notice. You pay weekly, he dated it from the start of a rent cycle. Perfectly legal.

        You are the one who started the texting. They are under no obligation to provide you with a phone. You are paying an awful lot for such a dump.

        Comment


        • #5
          Re: A MESS IN A MOTEL...

          Remember Goddess it is CA. It is not that OP would not otherwise have some actionable points, it is the current situation we are dealing with however.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment


          • #6
            Re: A MESS IN A MOTEL...

            I am aware of that. Nothing prevented OP from picking up and moving either.

            Comment


            • #7
              Originally posted by Disagreeable View Post
              It appears you are incorrect. Handwritten notice to vacate with 30 days notice is appropriate. It is not retaliatory. You complained the unit was uninhabitable and the landlord is responding to your complaint by evicting you and repairing the unit. It falls under the old adage "watch out what you wish for, you might get it".
              Within reasonable time. 2 years is not. The rooms lacking smoke detectors California Civil Code 1941.1 1942 every judge has one of those books right next to them in California.

              Comment


              • #8
                Originally posted by Disagreeable View Post
                It appears you are incorrect. Handwritten notice to vacate with 30 days notice is appropriate. It is not retaliatory. You complained the unit was uninhabitable and the landlord is responding to your complaint by evicting you and repairing the unit. It falls under the old adage "watch out what you wish for, you might get it".
                Negative if u have lived in unit for more than one year its 60 days.

                Comment


                • #9
                  Originally posted by goddessoflubboc View Post
                  Aside from not knowing why you would stay in such a place for 2+ years, the LL has every right to evict you with proper notice. You pay weekly, he dated it from the start of a rent cycle. Perfectly legal.

                  You are the one who started the texting. They are under no obligation to provide you with a phone. You are paying an awful lot for such a dump.
                  I agree however the owner has entered my unit without permission with her key recently. I was in the shower. This room is a step up from jobless and homeless shelter. Was not aware that its okay to take a person rights to receive mail daily, they are not allowed to return to P.O. until all mail is delivered. I have to get it when they feel like. Thanks for info I won't waste time with phone issue. Did I miss the advice on what I can do to start the ball rolling.

                  Comment


                  • #10
                    Originally posted by AFFA View Post
                    I wish to inform you that if a motel is in mess and is uninhabitable then you may terminate rent on the ground that place is uninhabitable. You may inform owner that as you have been staying for two years and relationship is that of owner and tenant thus you may not be regarded as lodger but tenant.

                    AFF
                    Thank you

                    Comment


                    • #11
                      Originally posted by goddessoflubboc View Post
                      Aside from not knowing why you would stay in such a place for 2+ years, the LL has every right to evict you with proper notice. You pay weekly, he dated it from the start of a rent cycle. Perfectly legal.

                      You are the one who started the texting. They are under no obligation to provide you with a phone. You are paying an awful lot for such a dump.
                      Not at the moment and I agree its a very old building. The L.L. does not like or want the place she told me but her husband passed away and left it to her. She does not put money back into it. Why are realtors showing place? If indeed its gonna be remodeled, have not seen a single worker around here. She lost her home had to walk away from it about 6 months ago. To this moment nothing is filed through court so its not a valid notice. We have tenant rights its a residential motel.

                      Comment


                      • #12
                        Originally posted by Disagreeable View Post
                        It appears you are incorrect. Handwritten notice to vacate with 30 days notice is appropriate. It is not retaliatory. You complained the unit was uninhabitable and the landlord is responding to your complaint by evicting you and repairing the unit. It falls under the old adage "watch out what you wish for, you might get it".
                        That is proper service however the document is not.

                        Comment


                        • #13
                          Re: A MESS IN A MOTEL...

                          Originally posted by eldgjgrgcg View Post
                          That is proper service however the document is not.
                          I was simply clarifying your misconception that service was invalid.
                          Due to a recent promotion, I should now be referred to as Major Obvious.

                          I would not be trying to provide information and knowledge if I did not sympathize.

                          Some days it is just not worth chewing through the restraints to face life.

                          Comment


                          • #14
                            Originally posted by Disagreeable View Post
                            It appears you are incorrect. Handwritten notice to vacate with 30 days notice is appropriate. It is not retaliatory. You complained the unit was uninhabitable and the landlord is responding to your complaint by evicting you and repairing the unit. It falls under the old adage "watch out what you wish for, you might get it".
                            Let me get this right I can be evicted for exercising my rights to withhold rent until repairs Green v. Superior Court,10 Cal.3d 616 (1974) CALIFORNIA LAW CLEARLY STATES THAT IF A L.L. WISHES TO EVICT A TENANT THEY MUST GO TO COURT FIRST. SHE CAN NOT LOCK OUT, CUT UTILITIES, OR HARASS THE TENANT IN ANY OTHER WAY. Showing up screaming at my door next day obsence amount of texts to my phone showing up without giving any notice since withhold of rent.

                            Comment


                            • #15
                              Re: A MESS IN A MOTEL...

                              She is terminating tenancy legally based on her agreeing with your complaint the unit was unsafe and uninhabitable. The rest is superfluous. If you had a long term lease, you could resist, making the argument she can repair the unit while you live in it, because you agree to tolerate construction. Your circumstance does not allow that leeway. Her most logical first response would application of the EPA lead abatement laws enacted a few years ago.
                              Due to a recent promotion, I should now be referred to as Major Obvious.

                              I would not be trying to provide information and knowledge if I did not sympathize.

                              Some days it is just not worth chewing through the restraints to face life.

                              Comment

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