3 Day Notice to Perform Conditions... or Quit

[SAK2000]

What is the name of your state?CA

I came home from work today only to find a 3 Day Notice to Perform Conditions......or Quit posted on my door. The reason stated: erroneous and malicious gossip. I have no idea where my landlord got such an idea except that my next door neighbor just move out and she asked me what her rights were upon departure so I told her. However, when I talked to my neighbor, she was complaining that she never bothered our landlord about the poor condition of her carpet, her stove, etc so she thought our landlord shouldn't penalize her security deposit. I told her that if all this didn't bother her when she lived in the apartment, she couldn't exactly start complaining about it now that she's moving out. When my neighbor did tell me that she was getting all her deposit back except for $100, I told her that I thought our landlord was being extremely generous. I also found out that my landlord told this neighbor that I paid for all the upgrades in my apartment when I moved in. That is a bold faced lie. I didn't pay for any upgrades. Of course when she asked me if I paid for these upgrades, I told her no. I wasn't particularly thrilled that he put me in the middle of that.

I now feel that this neighbor ended up throwing me under the bus and instead of calling to hear my side of the story, my landlord assumed what she said (whatever that may be) is true and then gave me this notice. Is this what they call "retaliatory discrimination"?

I emailed my landord and asked him to please let me know what this erroneous and malicious gossip is so I can respond accordingly. I have yet to hear from him.

Any thoughts please...........

 

[I AM ALWAYS LIABLE]

What is the name of your state?CA

I came home from work today only to find a 3 Day Notice to Perform Conditions......or Quit posted on my door. The reason stated: erroneous and malicious gossip. I have no idea where my landlord got such an idea except that my next door neighbor just move out and she asked me what her rights were upon departure so I told her. However, when I talked to my neighbor, she was complaining that she never bothered our landlord about the poor condition of her carpet, her stove, etc so she thought our landlord shouldn't penalize her security deposit. I told her that if all this didn't bother her when she lived in the apartment, she couldn't exactly start complaining about it now that she's moving out. When my neighbor did tell me that she was getting all her deposit back except for $100, I told her that I thought our landlord was being extremely generous. I also found out that my landlord told this neighbor that I paid for all the upgrades in my apartment when I moved in. That is a bold faced lie. I didn't pay for any upgrades. Of course when she asked me if I paid for these upgrades, I told her no. I wasn't particularly thrilled that he put me in the middle of that.

I now feel that this neighbor ended up throwing me under the bus and instead of calling to hear my side of the story, my landlord assumed what she said (whatever that may be) is true and then gave me this notice. Is this what they call "retaliatory discrimination"?

I emailed my landord and asked him to please let me know what this erroneous and malicious gossip is so I can respond accordingly. I have yet to hear from him.

Any thoughts please...........

My response:

"Perform" what conditions? Does it say in your lease contract something along the lines of, "Tenant shall not gossip"? How do you unring that bell?

Does your notice state that you caused, or are causing, a nuisance? If it doesn't, then your landlord served you with the wrong 3-Day notice. And, if that's the case, then tell your landlord, "We're going to court. Let's rumble."

IAAL

 

[SAK2000]

The notice states:

1. Condition(s) and/or covenant(s) breached: Article 7 - Quiet Enjoyment ( referring to my lease): Residents shall not violate any criminal or civil law, ordinance or statue in the use and occupancy of the premises, commit waste or nuisance, annoy, molest or interfere with any other Resident or Neighbor. Any such action may result in the immediate termination of this Agreement as provided herein and by law.

2. State specified facts of breach(es) and/or violation(s): Tenant is interfering with Management of Property with erroneous and malicious gossip.

What I find funny is that he would accuse me of erroneous gossip but then tell other tenants I paid for all my upgrades to justify that he didn't do the same for them.

 

[I AM ALWAYS LIABLE]

The notice states:

1. Condition(s) and/or covenant(s) breached: Article 7 - Quiet Enjoyment ( referring to my lease): Residents shall not violate any criminal or civil law, ordinance or statue in the use and occupancy of the premises, commit waste or nuisance, annoy, molest or interfere with any other Resident or Neighbor. Any such action may result in the immediate termination of this Agreement as provided herein and by law.

2. State specified facts of breach(es) and/or violation(s): Tenant is interfering with Management of Property with erroneous and malicious gossip.

What I find funny is that he would accuse me of erroneous gossip but then tell other tenants I paid for all my upgrades to justify that he didn't do the same for them.

My response:

Tell your landlord that you'd prefer that he/she file an Unlawful Detainer case against you - that you're not quitting the demised premises voluntarily. That way, you can serve him/her with Discovery concerning that ambiguous condition of your lease, and also to explain: "erroneous and malicious gossip." I'd love to get that before a judge. Then, as one of your affirmative defenses, state that you've been served with the wrong Notice. You can't "cure" statements made. Also, you might think of Responding to any such Summons and Complaint with a Demurrer, because the Notice is vague, ambiguous and unintelligible; i.e., The verbiage used in the Notice is impossible to understand. That is, what is "gossip"? "Gossip," itself, cannot be malicious - - especially when any such statements made to the landlord are hearsay, because the presumption is that the former tenant told the landlord what you had allegedly said. Also, the Notice does NOT place you on Notice of what specifically was done by you that amounted to a breach. All that the landlord has done is give you "conclusions", and conclusions do not amount to a breach. Assuming you live in Los Angeles, landlords in Los Angeles and Santa Monica must give notice of the ground for eviction authorized by the ordinance, with a statement of specific facts supporting the ground (date, place, witnesses and circumstances concerning reason for eviction). Failure to allege that the requisite notice was given is ground for demurrer to the landlord's unlawful detainer complaint. Further, if the breach is curable, the conduct or omission amounting to the breach must be stated clearly (so that the tenant has notice of what is required to effect a cure). In rent control jurisdictions, specific facts and details regarding the breach may be required; and even if not expressly required, should be included in the notice to evidence the landlord's "good faith."

So far, you haven't received "notice" of what you did wrong, if anything.

By the way, was the Proof of Service form signed by the landlord or someone else?

IAAL

 

[SAK2000]

I didn't get a Proof of Service. This notice (signed by my landlord) is a standard Form 11.0-N provided by the California Apartment Association. Also, I just read the "Community Policies for Residents" and it states if I am served with one of these notices, I have to pay a $25 charge.

 

[I AM ALWAYS LIABLE]

I didn't get a Proof of Service. This notice (signed by my landlord) is a standard Form 11.0-N provided by the California Apartment Association. Also, I just read the "Community Policies for Residents" and it states if I am served with one of these notices, I have to pay a $25 charge.

My response:

Then you were improperly served. There MUST be a Proof of Service attached to the notice, spelling out how you were served, and by whom, and on what date. So, in that respect, alone, the Notice is defective.

I think you should fight this one. Also, re-read my above response. I added more information for you.

So, what are you going to do?

IAAL

 

[SAK2000]

What am I going to do? Well first I'm going to pull out my legal dictionary so I can decipher what you said (just kidding).

What do I want to do? I want to properly respond to this notice without giving an "in your face" impression. But since his notice is vague, I'm not sure if the conversation I had with my neighbor is what he is referring to. However, I don't really talk to anyone else in this complex. When you say fight this one, what do you mean by that? This isn't an eviction notice, right?? I'm just on this ride until I get moved back to San Diego.

Not that it matters, but this landlord is very angry, hateful and spiteful person. Let me give you an example: I have (had) 4 Persian cats who are the love of my life. My oldest Persian became extremely sick this past October and I was pretty much told by my vet that I was going to have to put him down. When I told my landlord what was happening, his comment to me was that he thought it was mean I was putting Blue down and that maybe I should put myself to sleep. I was so pissed that I used quite a few choice words and have literally not spoken to him since.

 

[I AM ALWAYS LIABLE]

My response:

Get yourself an attorney, fast. Yes, you're being evicted. That's what a 3-day Notice is about.

IAAL

 

[SAK2000]

The notice says that "Within three days after the service on you of this notice, you are hereby required to perform or otherwise comply with the above-mentioned condition and or convenant or quit and deliver the possession of the premises. If you fail to perform or otherwise comply, Owner/Agent declares the forfeiture of your Rental Agreement/Lease and will institue legal proceedings to obtain possession."

Now forgive my ignorance but if I don't "gossip" anymore, I'm "complying", right?


I'll get an attorney if I have to. Although, I can't really afford one.

 

[SAK2000]

What do you mean by "serve him/her with Discovery concerning that ambiguous condition of your lease"?

 

[ENASNI]

Apt managars

I had the misfortune of taking a job as an apartment manager a few years back. It was H E double toothpicks... because I am a basically nice person.

The management company was not, and neither were some of my co-workers, they would have problems with some tenants and have their own issues and so be "retaliatory" as you said... some really petty stuff happened.

The issue with the cat might have set the manager off. (sorry about your loss).

What is a 3-day notice?
--------------------------------------------------------------------------------
There are several kinds of 3-day notices:
If the tenant has not paid the rent, the landlord may send a 3-day notice to "pay or quit". The tenant must pay the full amount of rent owed within the 3 days (including weekends) or move out.


If the landlord accuses the tenant of violating the lease agreement, the tenant has 3 days to stop the conduct or move out.


The landlord can give a 3-day notice to vacate if the tenant is committing serious damage to the property, creating a "nuisance" or using the property to perform illegal acts. In these cases, the landlord does not have to give the tenant a chance to cure the problem.
The landlord must serve the tenant with the written notice to quit by 1) giving it to the tenant personally, or 2) serving a copy with another person at the unit and mailing a copy, or 3) posting a copy on the property and mailing a copy to the tenant.

If the tenant does not comply with the 3-day notice, the landlord may start eviction procedures on the 4th day. The tenant has 5 days (including weekends) after receiving the eviction notice to respond by filing an "Answer" along with a copy of the eviction notice with the court. If the tenant does not file these papers, he/she automatically lose the case and do not go to court. At this point, the Sheriff will post a notice to move out within 5 days. If the tenant does not move, the Sheriff can physically evict him/her and lock the premises. If the tenant's possessions are inside, the tenant will have to pay storage fees to have them returned.

Now this is your "landlord" owner of the building, or agent for owner.
(s)?
Owner must know after giving a 3 day to comply or quit. with proof if service (as IAAL had said) in one of the 3 ways above.

Sometimes the apartment managers don't know all the rules

If you "comply" even though its hard when you don't know what you did,
you are okay.
If you don't:
Then the next step is the 3 day to vacate without chance to stop the conduct.
Then you would have a chance for them to give you detailed outline of what you have done. Which therefore you would have take to court with you.

I left the apt manager business because the Owners were making me give these things out willy-nilly to people with children, messy balconies, parking backwards. etc. without following the right steps... I didn't want my butt hauled into court so I gave my 30 day notice. The place should have been called Discrimination Arms

 

[SAK2000]

After I basically told my landlord that his 3 day notice was "erroneous", part of his response to me was the following:

I am simply asking you to cease causing dissension among the other tenants, and if you aren't saying anything, then nothing has to be done. If I continue to get reports from others that it is continuing, I would be forced to enforce the 3 day notice legally. I can only assume that there is not a conspiracy among your neighbors to invent these statements when several of them come to me wondering why you are saying these things. Is he allowed to post such a notice and then tell me to comply or he will enforce it "legally?"

What I found funny about the rest of his email was he refers to "many of the tenants and several of my neighbors" are complaining to him. However, I work so much that I don't even know most of my neighbors except when I pass them on the sidewalk coming from and leaving for work.

My landlord is a very mean and spiteful person. He is one of those that thinks everyone is out to screw him so he is going to screw them first. However, he will be the first to tell you what a kind and generous person he is and that he would give the shirt off his back.

 

[ENASNI]

just don't play

If you see what kind of person this is, don't play the game.
He won't have anything tangible to bring to court if there is nothing to bring.
Just keep your head down and don't get into anything, unless your life is really boring right now, like this persons is.

You seem to be alright now, and if you are planning on moving soon, just don't get into anything right now with him. ugly people are just that. UGLY.

 

[Who's Liable?]

If you see what kind of person this is, don't play the game.
He won't have anything tangible to bring to court if there is nothing to bring.
Just keep your head down and don't get into anything, unless your life is really boring right now, like this persons is.

You seem to be alright now, and if you are planning on moving soon, just don't get into anything right now with him. ugly people are just that. UGLY.

What? Just let the LL walk all over her with the threat? The reason for eviction is completely baseless and will not hold up in court... Last time I heard free speech was the first amendment...

Hold your head up high and tell the LL to bring it on, you can say whatever you want...

 

[SAK2000]

I already informed my landlord about "freedom of speech" since he seemed to be ignorant of the 1st Amendment. I'm pretty sure he knows I'm not intimidated by him. But as you said if he's ready to bring it on, I'm ready to rumble. You know that phrase from the movie Roadhouse "Be nice until it's time not to be nice"? Well, I'm almost there.