you guys have a lease contract he can't kick you guys out, get a lawyer

 

get a lawyer ASAP.

 

wow this sounds like its getting worse. goodluck and keep us updated.

 

Dang, did not notice this update before. As much as I hate to say, get legal help NOW!!!

 

Well, we met with the landlord yesterday and laid it out very clearly that the notice to vacate was illegal. She backed off and tried to play it off. PM if you want details.
(From the research I've done, a landlord can only end a month-to-month tenancy with a 30-days notice. I found no easy method to remove the tenant(s) with a 6/12/18/etc. month lease.)

We laid out a new move-out proposal.
1. On our side, we'll find a replacement rental ASAP.
2. If we find one, we'll discuss compensation. We won't sign the lease (for the new place) until we confirm an agreement with the compensation.

Previously, we asked for compensation first, but could not provide a definite move-out date.

The new proposal allows us to provide a definite move-out date; a much more enticing and solid offer. Both methods have their pros and cons.

Behind the scenes, I'll start researching lawyers - this could still quickly go sour.

 

well if your looking to rent a 3bd 2.5 house in san lorenzo let me know i got one for rent.

 

Everything was sorted out. We took One Month's Rent + Moving Expenses, includes professional movers. We also made them retract the "30 Day Notice" and they acknowledge that it was inappropriate. All of this is in writing and signed!
All that's left is our security deposit which will be handled normally (move-out inspection etc.)

I appreciate all the feedback from this thread. I learned a lot, especially from researching the California codes. I'll put together a list of resourceful websites, including some that were posted earlier. Hopefully you will never have to use it.

Special thanks to LxJLthr. You provided excellent feedback. Because of you, we came in well prepared and we understood our legal rights clearly.

 

I just caught up on this thread and it looks like with good timing; last month or so was absolutely insane for me (almost felt bad I did not get a chance to follow this more) Glad to hear everything worked out with your situation. Thanks for the props and don't mention it. I am just happy I could help someone

I will definitely take a copy of that resource list though, very good experience to learn from! If you need any other business or legal advice in the future do not hesitate to ask; if I cannot answer it, I have plenty of resources who will.

 

http://california.lp.findlaw.com/ (Thanks LxJLthr)
Excellent site to find laws. It's a bit daunting at first, but do your own research. It pays to have some basic knowledge even if you're hiring a professional.

http://caselaw.lp.findlaw.com/cacode...40-1954.1.html
Section dealing with Landlord/Tenant laws.
1950.5 defines security deposits. It's a very long read, but it's worth it.

http://www.dca.ca.gov/publications/l...ok/index.shtml
This puts the laws into layman's terms. It's not a replacement for the above, but it's easier to read.

http://www.rentlaw.com/
More general info.

http://www.housing.org/ (Thanks Stock Y-gon)
Good resources for mediation, basic info, and if you just need someone to talk to. Best of all, it's free!

http://forum.freeadvice.com/landlord-tenant-issues-42/
A forum for landlords/tenants issues and other legal advice.

Personal advice:
Come into every discussion (phone, email, personal, etc.) prepared! This includes understanding your legal rights.
Keep a log of everything. So much can happen in a short amount of time, you need to keep your facts straight.
No matter how bad things get, stay professional. Don't be a pushover, but getting emotional won't help anything.

 

w00t i club worked!!