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60 day notice now a 3 day notcie??

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SadVictim

Junior Member
What is the name of your state? California

My thread was closed for reasons unknown but here's the link for the background of the situation.
https://forum.freeadvice.com/showthread.php?t=234990&page=2&pp=15
A 3 day notice on was put on the door and it's dated wrong and i believe they are lying as to when they put it up. I called to ask why she was given the notice and I was flat out told Section 8 told the LL that they couldn't give a 60 day notice they had to give her a 90 day notice and they told me that instead of giving her the 90 day they decided to give her a 3 :eek: My question is this legal how do you just decide all of a sudden you want to give a 3 it it seems like false motives to me.
 


Jpony

Member
You don't say if it is a "3 day PAY or quit" notice. Again, I'm not a lawyer and I'm in Florida so things are a little different. But we need to know if it was a 'pay or quit', did she pay her rent, did the LL accept her portion and/or section 8's portion of the rent, what date did she pay, what date of the month is her rent due? Technically, if your rent is due on the 1st of the month, it is late on the second unless specifically stated in the lease that there is a grace period. Having a late fee on the 5th or 10th etc doesn't mean that its late after those dates, it's late the next day after the due date. Most landlords give you a grace period but if they want you out, they can serve you with a pay or quit,and as long as the rent is paid in the allotted time you can stay. If you pay after that, then you can get kicked out, but the LL still has to go to court to do it.

If she did pay her rent on time and section 8 says the LL has to give 90 days, then he has to give 90 days. In her and the LL's agreement with section 8, it should state something about that and he's obligated to it. If he does take her to court, she needs to bring her agreement showing that or get something from sec 8 to that extent.

You should also call section 8 and tell them what the LL is trying to do, which is possibly illegally evict her.

Either way, I agree with one of the other posting on your previous thread, maybe she should be in a group home or assited living.
 

south

Senior Member
Sounds like a 3-day pay or quit notice...

If you owe even 1 cent in rent they can serve a 3-day notice



SadVictim said:
What is the name of your state? California

My thread was closed for reasons unknown but here's the link for the background of the situation.
https://forum.freeadvice.com/showthread.php?t=234990&page=2&pp=15
A 3 day notice on was put on the door and it's dated wrong and i believe they are lying as to when they put it up. I called to ask why she was given the notice and I was flat out told Section 8 told the LL that they couldn't give a 60 day notice they had to give her a 90 day notice and they told me that instead of giving her the 90 day they decided to give her a 3 :eek: My question is this legal how do you just decide all of a sudden you want to give a 3 it it seems like false motives to me.
 

SadVictim

Junior Member
It's NOT for RENT it's for the apartment condition... But the thing is it's the same stuff that has been boken for years that management has never fixed! Every year when sec8 came to inspect they would send there people out to make it look like they were making approvements so sec8 would approve her and then every year after they got approved they wouldn't come back and fix the problems. Now the LL wants her to pay for the items that need to be fix. I won't allow that though because they agreed to fix them years ago and never did they should have to stick to their word.
 

ENASNI

Senior Member
yo

get your relative into an assisted living faciltiy they cannot live on their own!
Get it? Got it? Good!
 

south

Senior Member
What needs to be fixed? It sounds so far like the tenant is damaging property.




SadVictim said:
It's NOT for RENT it's for the apartment condition... But the thing is it's the same stuff that has been boken for years that management has never fixed! Every year when sec8 came to inspect they would send there people out to make it look like they were making approvements so sec8 would approve her and then every year after they got approved they wouldn't come back and fix the problems. Now the LL wants her to pay for the items that need to be fix. I won't allow that though because they agreed to fix them years ago and never did they should have to stick to their word.
 

SadVictim

Junior Member
Nothing really some painting in the kitchen that should have been done a couple of years ago, the carpet cleaned which has already been done and the blinds need to be replaced, that also should have been done a couple of years ago like they told sec8 they would. A couple of light switch fixutures which have been replaced already and the windows need to open and close properly... basic stuff nothing huge they just don't want to fix it like they agreed to.
 

south

Senior Member
Landlord is not obligated to re-decorate unless in sections there is paint peeling, then he only has to fix and paint those spots.

Carpets cleaned is the tenants job, if the tenant is dirty-ing the carpets then its the tenants job to clean them.

And the landlord has replaced light switches which is his job and hes done it.

Sounds like a dirty tenant and the landlord wants them out.




SadVictim said:
Nothing really some painting in the kitchen that should have been done a couple of years ago, the carpet cleaned which has already been done and the blinds need to be replaced, that also should have been done a couple of years ago like they told sec8 they would. A couple of light switch fixutures which have been replaced already and the windows need to open and close properly... basic stuff nothing huge they just don't want to fix it like they agreed to.
 

ENASNI

Senior Member
um

south said:
Landlord is not obligated to re-decorate unless in sections there is paint peeling, then he only has to fix and paint those spots.

Carpets cleaned is the tenants job, if the tenant is dirty-ing the carpets then its the tenants job to clean them.

And the landlord has replaced light switches which is his job and hes done it.

Sounds like a dirty tenant and the landlord wants them out.
grasshopper needs to read other threads..
no harm to op.. just need to let grasshopper know... ;)
 

SadVictim

Junior Member
south said:
Landlord is not obligated to re-decorate unless in sections there is paint peeling, then he only has to fix and paint those spots.

Carpets cleaned is the tenants job, if the tenant is dirty-ing the carpets then its the tenants job to clean them.

And the landlord has replaced light switches which is his job and hes done it.

Sounds like a dirty tenant and the landlord wants them out.

Actually I replaced the lightswitches and some doorknobs that were broken through normal wear and tear for her. I also hired someone to clean the carpet and I wouldn't have a problem replaceing the blinds or hiring someone to paint if they hadn't already agreed to it years ago. I feel like they committed a fraud against sec8 and my relative by agreeing to fix items and never following through and now they are trying to throw her out for stuff that they already knew about. And i feel like they should pay for the carpet cleaning or provide new carpet since there are pipes leaking from under the ground causeing the floor to flood in certain area's almost daily I bought her a wet vac to suck up the water but it's in a spot she can't avoid walking through so she tracks the dirty water all over the house they have known about the flooding for a year or so and haven't done anything and they want to place all the blame on her for dirty carpets.
 

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