i have been living in my apartment since jan.

i have been living in my apartment since jan.2008 and my landlord has never once had me sign a lease agreement. i have recently lost my job in june 2009 and my fiance lost his job in may 2009. we have been trying to pay what we can of our rent and they have been accepting it until october 9, 2009 when they gave us a three day pay or quite in the amount of $3,380.00 then on october 13, 2009 they gave us a 30 day notice. but when they gave us the 3 day notice it was brought to me after 9:00 pm at night is any of this legal? can they procced with an eviction when they have nothing signed by me or my fiance.

One thought on “i have been living in my apartment since jan.

  1. Yes, you have an oral lease agreement. They might have trouble because they have been accepting less rent which we would call a waiver. A three day notice is just that, you have three days to pay or move or else they can start eviction proceedings. Doesn’t matter what time of day it is served as log as it is served on that day. That thought doesn’t necessarily mean that they will win. Their problem is no written lease, and they have been accepting less rent.
    By the way what is 30 day notice for? Is it for change in terms or termination of lease? If that is case then it should be 60 day notice because you have been there over a year.
    Try to talk to them and work some deal out either to pay the balance over a term usually 4 to 6 months or make a deal to move out. Get at least 30 to 45 days because that is what it would take then anyhow at this time of the year. Also if you move get them to waive the back rent.
    These are all standard deals we usually negotiate for our clients. It makes sense for them because they don’t have to spend the money to hire a lawyer and they get you out sooner. Also if you both are unemployed you maybe judgment proof which means they couldn’t collect anyhow. If they are unreasonable let them file suit, answer, and fight them up to the trial date. Move completely out before the trial date and then at trial tell judge you have moved and that since possession is no longer an issue ask for the trial to be continued as there is now no legal basis for it moving as fast. Technically term is that they are not entitled to the preference they had in going to trial because possession was an issue. Now it is not, only the back rent. I have done this a couple times to unreasonable landlords and got the trial postponed which means it postpones them getting a judgment against you.
    Good luck and I hope this helps.

    Melvin C. Belli
    The Belli Law Firm
    35 Miller Ave Suite 199
    Mill Valley, CA 94941

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