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FamilyAttorney
FamilyAttorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 675
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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We rent a room(garage convert) 8 months ago, without renting

Customer Question

We rent a room(garage convert) 8 months ago, without renting papers .
Landlord ask to increase the rent for $200.00 more last 3 week, because of my twins just born, 7 weeks ago .
we tell the landlord that we will not agree with the amount just in a sudden time without notice (even verbally) and we will leave .
Landlord now does not allow the nanny to come for taking care of my twins for the reason
that the nanny use our restroom . ( meaning using their utilities without pay)
We need time to move out . My wife is in distress for taking care of the twins by herself .
Please advise
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  FamilyAttorney replied 1 month ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, etc. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

This is awful what the landlord is doing, and I'm really sorry you are going through this. The timing is terrible and I'm really sorry. The landlord is being unreasonable in many ways and I don't blame you for wanting to move.

Expert:  FamilyAttorney replied 1 month ago.

Do you have another place to stay?

You have a month-to-month agreement. According to Cal law, you have to give the landlord 30 days' notice to vacate. If you pay rent on the first of the month, then you have to give notice the month before. Unfortunately, that means you will get stuck paying November's rent, because it's too late to give him notice for October, but you can leave at any time. You have to give him 30 days' notice in writing before the following month. You can send out a notice now, in writing, that you're going to vacate, and send it by snail mail, registered return receipt and make a copy for yourself. If you are paying by the month, at the first of the month, you need to give 30 days notice. Because you need to give notice before the next month, you will have to give notice in October to vacate at the end of November, Nov 30, but you will be responsible for the rent for November unless you can make a deal with the landlord (LL) or if you want to take the chance and just leave after the notice, you are taking a gamble if he will go after you in small claims court to sue for Nov. Do you have a security deposit? You're not supposed to use that as last month's rent but people do that.

Expert:  FamilyAttorney replied 1 month ago.

What is the lease term here -- do you pay at the first of the month, and do you have a security deposit that would cover the last month's rent?

Expert:  FamilyAttorney replied 1 month ago.

It is likely the landlord is discriminating against you also as he cannot just decide to penalize you for having children or fail to allow the nanny to use the bathroom! That's insane. Cal law says:

Under California law, it is unlawful for a landlord... to discriminate against a person or harass a person because of the person’s race, color, religion, sex (including pregnancy, childbirth or medical conditions related to them, as well as gender and perception of gender), sexual orientation, marital status, national origin, ancestry, familial status, source of income , or disability. Cal prevents discrimination based on:

  • A person's medical condition or mental or physical disability; or
  • Personal characteristics, such as a person's physical appearance or sexual orientation that are not related to the responsibilities of a tenant; or
  • A perception of a person's race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability or medical condition, or a perception that a person is associated with another person who may have any of these characteristics.

If he sues you, YOU have the right to counter-sue him for his discrimination in housing.

Send him the 30 day notice, which can be a letter saying you are leaving by Nov 30, and leave whenever you want to. If you have the security deposit, use that as Nov rent, unless it's a lot and you want it back.

Let me know if you need any additional information as I'm happy to give it.

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