Q: Are changing the locks within our 30 day notice illegal because after notice, he wanted us out by the week?
After roommate was short on rent, he needed a few days to get that to him, he served us with 3 day notice and we lived there 6 years. We gave him partial rent and he took it we decided that was uncomfortable now and we realized we should move out. In March 7, 2024 we formally gave him out notice. He lives next door. Two days later he texts us and says to be out by the 15th. Everyday he imposed on our lives and when we were going to be completely out. Showed up with no notice to other renters who had no idea there were people still li inf there. Pounded on our door, all with less than 12 hour notice. He also verbally told us we were not getting our deposit back before we moved out. We kept his house so clean and complied with everything he ever asked of us. Our home was uncomfortable to even
Hang out in the front yard because he lived next door.
A:
Based on the information you provided, it seems that your landlord may have violated several California landlord-tenant laws:
1. Proper notice: In California, if you have lived in the unit for more than one year, the landlord must provide a 60-day notice to terminate the tenancy, not a 30-day notice. Asking you to leave within a week after you gave notice is not legal.
2. Changing locks: It is illegal for a landlord to change the locks or otherwise prevent a tenant from accessing the rental property during the notice period, as long as the tenant has not been evicted by a court order.
3. Entering the property: Landlords must provide reasonable notice (typically 24 hours) before entering the rental property, except in emergencies.
4. Security deposit: A landlord cannot decide to withhold a security deposit before the tenant moves out and the landlord has assessed the property's condition. The landlord must provide an itemized statement of deductions and return any remaining deposit within 21 days after the tenant moves out.
However, it's important to note that if you were behind on rent, the landlord may have had the right to serve you with a 3-day notice to pay or quit. If you did not pay the full amount within those three days, the landlord could begin the eviction process.
If you believe your rights as a tenant have been violated, you can contact a local tenant rights organization or consult with a landlord-tenant attorney to discuss your options and potential remedies.
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