Personally attacked by landlord - major concerns!

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helena94

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Hi there! I'm in a pretty tough spot here in San Diego County, California, but I have a feeling the law is on my side and I want to be prepared to deal with what is becoming a very uncomfortable and seemingly unfair and illegal situation. Any help would go a long way.

I became a lodger (tenant) in a house in California as of August 1st. I responded to a posting on Craigslist for all-inclusive (utilities, etc) room in a private house for $400, month to month, with $150 as a cleaning/security deposit. I called the number on the ad and spoke with the woman who posted it - it is her brother's house but she and her husband live in it, run a daycare there, and currently rent out rooms to two other young women as well. She agreed to rent to me and I electronically transferred the funds $150 first, followed by $400 before I moved in on August 2. There is no written lease for any of the tenants, simply oral agreements.

All was going well and we had a very open and friendly relationship. She asked me mid-month of August if I'd stay for September, I said yes. She asked me what the chances were of getting $350 toward it (plus $50 off my deposit) sooner and I happily transferred this payment on August 20th. All is okay.

On August 29th, I received a text message from her reading "if you are going to be there the month of October are you still ok with paying it in advance? if you leave i could just give it back to you the 1st of October as you know I have extra expenses right now"

My response: "right now I'm not sure about that far ahead in October and putting up rent $ that far in advance...if you're in a bind I could give you half toward it this week though...we can talk a bit later in person" - We did speak and I was okay with this, and I wanted to stay for October.

On September 6th, at 12:30am, she came home (somewhat intoxicated) and began playing music loudly and yelled for her husband to leave. He did - I stayed in my room quietly and did not want to be involved in anything. She continued to play her music loudly and began cleaning the first floor. At 1:30am I decided to try to sleep, turned my light out and laid in bed. At 1:45am I heard her come upstairs and say my name twice at the end of the hallway. I thought she was going to apologize for the noise and be upset, that maybe she was going through a bad time with her husband, etc., but instead she informed me that I was "a cheapskate" and a "stingy girl" based on previous conversation we had where I had mentioned I was generally frugal. She told me she thought I needed to find a new place to live at the end of the month, and then admitted she had "had a few beers" and then somewhat apologized, continuing to talk on about stress, family stuff, etc. I was shaken up but talked her down a bit (was not going to argue with a drunk woman at 2:00am!) and she calmed down, shook my hand, and we both went to bed.

I left the house the next day and wanted to avoid any confrontation. I did not see her in the morning but she sent a text saying she deeply apologized and that "you are welcome to stay as long as you need just let me know." I responded with a thank you, that I knew she was under stress and we would talk later.

Sept 7: I see her in the morning in the kitchen and let her know I am shaken up but am lighthearted, we talk, she apologizes again and says I can stay, blah blah. I told her I would let her know by the 15th for sure (meantime thinking I need to find somewhere else to live). I remind her I am having an out-of-town friend stay with me for a couple nights and she says it's fine.

At 1:00pm the same day, Sept 7, I receive a text from her saying she will fund me my $200 back this Friday and that "after Sunday night I feel very uncomfortable and I'm sure you are also so I feel it best for you to make September your last month here. It will be better for you! In the meantime please be comfortable."

I respond: "No worries. I will do my best to try and find something for Oct. Obviously I will keep you informed of the situation! Thanks again."

At 7:45pm she texts: "What days do you have company coming to stay here for 2 days"
Me: "Tonight and tomorrow, but just there to sleep and will be out in the morning."
Her: "Well I feel that I should charge $15 per night but I can take it out of the deposit. Also since no 30 day notice was required I wanted to see if you could find a place by the 22nd it's a two week notice like you were going to give me. I don't think you will have a hard time finding a place in that amount of time I will give money back for 8 days."

That's the gist of it, and I realize this post is long-winded already. I am going to stay with a friend as of the 21st, but I am concerned about the interim. She has a check for me for the $200 October refund for tomorrow, but it's totally illegal for her to charge me for a guest for multiple reasons, I know. In addition to $30 for this guest, she also wants to charge me an additional $50 for utilities and $20 for supplies (using communal dish soap, paper towels, and Brita water filter) = $120. I would like any advice on how to handle this awful situation as we share this house in the meantime, but I want to recover my security deposit/last 8 days' rent. I have been too kind but I can be very shrewd and will protect myself. She is absolutely treating me unfairly and I don't want to escalate things as I do have to live here for the next 12 days. Help!! :(
 
This link will answer several of your questions regarding an oral month to month tenancy in California.

http://www.dca.ca.gov/publications/landlordbook/before-rent.shtml

Your best advice is not legal advice yet simply a suggestion to get out of this situation as quickly as possible.

You must be given a 30 day notice prior to the landlord making changes to your rent. You had a $400 all inclusive and now she wants utilities and supplies. Advise her that was not part of the bargain and you will be gone prior to the 30 day notice of this change in rent agreement.

Since she has basically told you to vacate, you don't need to give her the 30 day notice. It appears you have probably overpaid. You should owe her no more than the $400 per month and prorated for the last month up to your departure. Unless she can show damage beyond normal wear and tear, you are to receive your full $150 security deposit back.

Don't expect to get back from her any overpaid rent or your security back. The amount you lose will be too small of an amount to claim a civil suit. It would cost you more in money to file and time and headache. And, there is no guaratee you would ever get your money from her even if you won the civil suit.

You will be much better off to talk with her when she is sober and in a decent mood. Try your best to come to an amicable conclusion.

Next time rent with a written lease from a landlord who understands leasing regulations.
 
As I read this, you are not a lodger but rather a subtenant.

Anyway, if you have plans to move out on 21st and she is giving you your money back (but shorting you $120), you might be best off to just suck it up and leave.

I would cost you more time and energy than it is worth to force her to pay that $120, and attempting to get it could make her less likely to pay up what she is already offering.

It isn't fair, but it is what it is.
 
Thanks!

Thank you both so much. You're absolutely right, of course, and I have typically only rented in the past with written agreements or leases, but as this was to be a short-term (2-3 months) situation I suppose I somewhat naively felt fine with the situation (and all was well up until the woman freaked out at me. Menopause much?)

I ended up quietly moving my things out to a friend's place up in LA a few days before she wanted me out. She returned $210 to me in cash (the half for October and then $10 for the trouble of it) and then paid me 8 days remaining balance for September plus $50 of the deposit. Really, she should be giving me a remaining $50 of the deposit back but at this point it's not really worth fighting for - I feel lucky to have gotten back about $370 of the $410 she owed.

Others might not be so lucky in similar situations and I certainly wasn't expecting to get that much back...but, lesson learned. Thanks again. :)
 
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