I fell on a bit of a hard time. Rent was due the 5th. I dont get my unemployment check untill friday the 15th. I was served a s days to pay or quit notice on Friday the 8th.

Does this mean I have until monday to furnish the rent or does it mean wednesday? I ask becuase their office is not open Fidays, Saturdays and Sundays. Do weekends count anyway? Thanks!

...ok well I was able to pay the rent. Within the 3 days even if weekends counted. Though I would still like to know.

Here's the thing. I gave them a list of things that needed to be fixed. This morning I find a "Notice of termination of tennancy" on my door. I have lived here for five years. I'd like to know if that is considered retalliation.

Here is a copy of the letter I sent:

Per Civil Code §1941.1 and Health and Safety Code §17920.3, the following conditions need to be addressed so that the apartment is no longer uninhabitable

<>Electrical
1. Two of the four electrical sockets underneath the kitchen sink are inoperable thus also causing the garbage disposal to not work. When something is plugged into any of the other two sockets, sparks are seen and there is a fear of shock.
2. The smoke alarms do not work.
3. The Security System has not worked since the date I moved in.

<>Heating/Air Conditioning
1. The Air Conditioner does not adequately cool all rooms.
2. The thermostat does not work

<> Appliances
1. Garbage Disposal does not work properly due to the electrical problem listed above.
2. The Dishwasher although new still leaves sand or sediment on the dishes. I believe it may be a pluming issue below the dishwasher.

<> Plumbing
1. Backups in both bath tubs while taking a shower.
2. Underneath the kitchen sink, the pipes often come undone. I have had to re tighten the plastic pipes more and more often. They need to be fixed so that they do not come apart or replaced with new pipes that actually fit the space.
3. Faucets in all bathrooms require a tremendous amount of effort to almost shut completely off the cold water if able to shut it off at all.

<> Windows
1. The downstairs bathroom window has no screen.

<> Doors
1. The front door’s weather stripping is not adequate as drafts are allowed. Sunlight can even be seen between the threshold and the door.
2. The Sliding Glass Door does not slide without effort.
3. The Sliding Glass Door Screen often comes out of the track when moved.

<> Flooring
1. There are a couple spots of weak or loose flooring upstairs.
2. Exposed Carpet tacks in several areas
3. There have been areas of torn carpeting since I originally moved in.

<> Nuisances
- Health
1.There is an ant infestation in the building. I have purchased several types of ant baits and sprays but they still get into the house in large numbers.

This list was created using the help of the Habitability Checklist found here: http://www.caltenantlaw.com/HabChecklist.htm
Your dedicated attention to these matters is greatly appreciated. Most of these complaints were given to you in writing more than a year ago.



Thank you,

If you have complained about the needed repairs within 6 months of getting the notice to move, there is a legal presumption that the eviction is retaliatory. BUT, but the tenant cannot be behind in rent for unrelated reasons, and cannot provide an independent basis for eviction such as violating the terms of the lease.

Go to your local library, at the reference desk and ask for Nolo Press, Tenant's Rights. It will explain a lot.

Landlord retaliation is difficult to prove, especially if you are delinquent in your rent payment. Had you been current in your rent and complained to a governmental agency you might have had a chance. As it stands now, you have a letter that may or may not have been received by the landlord. If I had a tenant in your exact position I would have reacted in the same manner. Nothing is more aggrevating than a tenant that owes money telling you that your rental is a dump. Oh, the letter you sent... Never got it. You can fight this, but all it will get you is a big bleep in your tenant record and honorary membership in a tenant blacklist file. I would quietly move if I were in your situation.

Had you paid your rent on time and then wrote that letter, possibly in a friendlier manner it might have gotten a positive reception. As is stands right now you sort of shot yourself on the foot.