How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Atty Your Own Question
N Cal Atty
N Cal Atty, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9215
Experience:  I've represented both landlords and tenants.
9653905
Type Your Landlord-Tenant Question Here...
N Cal Atty is online now
A new question is answered every 9 seconds

4 to 5 years ago, I occasionally smoked cigarettes in the

Customer Question

4 to 5 years ago, I occasionally smoked cigarettes in the bathroom but has moved since to the porch or outside the front door after an initial complaint. About a month ago, I received a three-day notice to quit letter that states “refrain from smoking inside unit and smoke 10 ft. from building”. I was initially angry because I have stopped smoking inside the unit after the initial complaint 4 to 5 years prior but complied on the second request to smoke 10 feet away. Now, I received an eviction letter which is very confusing as I have complied to the landlord’s requests. I’d also like to add that we haven’t renewed our lease for years now since there was no request for renewal. Could you please explain to me what I did?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  N Cal Atty replied 5 months ago.

I am sorry to hear this.

Which town and State are you in?

What did the letter say?

Customer: replied 5 months ago.
I am in California, would you like the whole statements for both letters?
Expert:  N Cal Atty replied 5 months ago.

At least the recent eviction letter although it may be helpful to see the other letter. You can post them here as attachments or email them to [email protected] and write ForCustomerin the subject line of the email.

I still need to know which town this is in, as there are a lot of local landlord tenant ordinances in California.

Customer: replied 5 months ago.
I am in Roseville, CA
1st letter (Three-day Notice To Perform Conditions and/or Covenants or Quit
To John Mante of the premises located at (My address)
In that, the Rental/Lease Agreement condition(s) and/or covenant(s) set forth below are being breached as follows:
1. Condition(s) and/or convenant(s) breached: No smoking inside unit and on porch. Tenant is in violation of the lease, smoking addendum, no smoking inside unit.
2. State specific facts of breach(es) and/or violation(s): Unit upstairs bathroom share vent system and is filling with cigarette smoke. Tenant is to refrain from smoking inside unit and to smoke 10 ft. from building, do not smoke on your porch, tenant is in violation of their lease, smoking addendum stares no smoking inside unit.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 covenant or QUIT AND DELIVER THE POSSESSION OF THE PREMISIS.If you fail to perform or otherwise comply, Owner/Agent declares the forfeiture of your Rental/Lease Agreement and will institute legal proceedings to obtain possession. Such proceedings could result in Judgement against you, which may include attorney's fees and court costs as allowed by law, and an additional punitive award of six hundred dollars ($600) in accordance with California law. If you fail to fulfill the terms of your credit obligations, a negative credit report may be submitted to a credit reporting agency.
Customer: replied 5 months ago.
2nd letter (SIXTY-DAY NOTICE OF TERMINATION OF TENANCYTo John Mante of the premisis (my address)PLEASE TAKE NOTICE that your tenancy of the premises is terminated effected at the end of a sixty (60) day period after service on you of this notice, or Nov 30 2016 whichever is later.You must peaceably vacate the premises and remove all of your personal property on or before the date indicated above. If you fail to quit and deliver possession, legal proceedings will be instituted against you to obtain possession and such proceedings could result in a judgement against you which may include attorney's fees and court costs as allowed by law, plus the Owner/Agent may recover an additional punitive award of six hundred dollars ($600) in accordance with California law for such unlawful detention. This legal action will also result in forfeiture of the rental agreement.This Notice of Termination of Tenancy does not relieve you of payment of any financial obligation for rent owed until the actual date of termination of tenancy.If you fail to fulfill the terms of your credit obligations, a negative credit report reflecting on your credit history may be submitted to a credit reporting agency.You have the right to request an initial inspection of your unit and to be present during the inspection, which shall occur no earlier than two weeks before the termination of the tenancy and during normal business hours. At this initial inspection, the Owner/Agent will provide an itemized statement specifying repairs or cleaning that are proposed to be the basis for the deduction from the security deposit. This may not be a final accounting of deductions from the security deposit. A separate Notice of Resident's Option to Request an Initial Inspection is provided with this Notice or will follow within a reasonable time. Please complete the form and return it to Owner/Agent if you wish to arrange for an initial inspection.Pursuant to Civil Code Section 1946.1, State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. you may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.
Expert:  N Cal Atty replied 5 months ago.

WHat are the dates of the two letters?

Customer: replied 5 months ago.
first letter is dated September 1, 2016 and the second letter is dated September 28 2016
Customer: replied 5 months ago.
Please note that I do smoke but is 10 ft from the building right next to a very small tree.
Expert:  N Cal Atty replied 5 months ago.

The second letter functioned to supersede the first letter so I am sorry but it looks like you have gotten a valid notice to quit, which is not required to state any reason for terminating a tenancy.

I am sorry this is probably not the answer you had hoped for, but it would be unfair to you, and unprofessional of me, not to provide accurate information.

I hope this information is helpful.

Customer: replied 5 months ago.
I believe that our lease was not renewed in about a year or more? would that affect anything?
Expert:  N Cal Atty replied 5 months ago.

No, that does not affect your rights under the Ellis Act or the Los Angeles ordinances.

Customer: replied 5 months ago.
I don't understand since I have complied to their requests.
Customer: replied 5 months ago.
I've asked for an inspector when I spoke to them on the phone but they did not provide it. I was told by the person I spoke with that she would notify the manager regarding my call.
Expert:  N Cal Atty replied 5 months ago.

Did you make a complaint about the habitability of the unit before you got the notices? Or at leats before you got the most recent notice?

Customer: replied 5 months ago.
I did call for a request of service; to fix the bathtub because It was not draining but I was told that the cost would be on me because it was our negligence she said. I ended up buying solutions to drain the water.
Customer: replied 5 months ago.
I also called before because the toilet was flooded all the way to the living room. It took quite a bit of time to dry the carpet. They did not send anyone for this.
Customer: replied 5 months ago.
I believe my complaints were never recorded and was just treated as a nuisance.
Customer: replied 5 months ago.
Could this racial as I am of the minority and all of my neighbors are not?
Expert:  N Cal Atty replied 5 months ago.

You may have a defense based on retaliatory eviction, or possibly discrimination based on your last post.

You can get a free consultation from some of the local attorneys listed here.

I think you should go over the facts and documents with a local attorney before you decide how to handle the situation.

Customer: replied 5 months ago.
Thank you. But what will hiring an attorney do?
Expert:  N Cal Atty replied 5 months ago.

You will have better idea of whether or not you can prove retaliation and if you can you cannot be evicted for at least another 180 days.

Customer: replied 5 months ago.
Also, could the difference in rent rate be anything?
Expert:  N Cal Atty replied 5 months ago.

I am not sure what you mean by the difference in rent rate. Roseville does not have rent control.

Customer: replied 5 months ago.
since our rent keeps rising, is it possible to obtain a rent rate from my neighbors through the office to show discrimination?
Customer: replied 5 months ago.
also, will I get evicted faster if I smoke on the porch now.
Customer: replied 5 months ago.
is this session done?
Expert:  N Cal Atty replied 5 months ago.

Yes you can be evicted faster if you smoke on the porch, they can serve a 3 day notice instead of the 60 days you received. We are not done until you are satisfied. But I have got to get to sleep. I'll be back after 5 p.m.

Related Landlord-Tenant Questions