Re: CA 30 day evict notice , Section1946: I didn't do anythi

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On 8/11/06, Jamie wrote:
> It starts off that I meet a friend of a friend, who's
> roomates have just moved out of the 2nd bedroom (2 bdrm
> apt) in HB, CA. She say's to move in May 1st, which I do. A
> couple of weeks go by and I see the landlord occasionally,
> never says anything to me about moving in. I go up to her
> one day to ask if I needed to be on the lease and she says
> 'It doesn't matter either way'. A week goes by and my
> roomate tells me that the 'roomates' that moved out where
> actually a brazilian couple who had just gotten pregnant
> and moved out to find their own place. The shady part is
> that my roomate married the man to get his visa. All of the
> bills AND the apartment is under his name in order to keep
> up the jig, which worked perfectly for her due to her bad
> credit. I've met this guy once super early in the morning
> for about 30 seconds when he showed up one day looking for
> my roomate. He comes by to get his mail and that's his only
> tie to this apt. So 4 months has gone by and our roomate
> situation has gone sour due to her bringing home strange
> men constantly, drug addicts that have trashed my bathroom
> and tried to break into my bedroom (luckily i had put a key
> lock on my door envisioning something of this nature would
> happen), her cat (the apt doesn't allow cats) spreading
> fleas everyone and her not caring, her breaking my
> furniture and holding loud parties all the time. After
> things started getting this way, I approach the landlord
> and say I want to get on the lease thinking that my roomate
> was gonna try and get me to leave. I liked the apt, and I
> didn't want to be the one that would have to go figuring
> because she couldn't get on the lease. So I do, she never
> turns in her paperwork. The landlord finds out she has a
> cats and tells her that she or the cat have to move out.
> She tells me she's moving out on the first (is now hiding
> the cat in her room) so I assume that I get the apt. I
> leave a note on the door of my landlord telling her that
> I'd like my bf to move in and to see what paperwork had to
> be done. My roomate tells me that this is her 'husbands'
> apartment and that I would have to leave. I didn't stress
> because I knew several things about this place and them
> were illegal and figured since I actually lived here AND
> was on the lease, I had the most authority. Well, I was
> just handed an eviction notice by my roomate. It's dated
> yesterday at 10pm. Signed by my landlord stating that my
> she served this paperwork to me yesterday, which she
> obviously didn't.
>
> Sorry to run on and on but I'm so peeved by this situation.
> Basically my roomate and her marriage fraud require that
> this apartment be in her 'husbands' name. The landlord
> KNOWS about this illegal marriage and is quite buddy buddy
> with this guy. She's a slumlord in the sense that she's
> never returned by calls, fixed anything in the apt that I
> notified her about and pretty much runs from me when I ask
> her about apt stuff. Not only that, but this small complex
> has an abundancy of the origin of people that this illegal
> is, making me think she's got some shady ties - although I
> could totally be wrong, just kinda seems that way.
>
> I have done NOTHING to validate being kicked out - pay rent
> always on time, don't make any noise, etc. Absolutely
> nothing.
>
> I love this apartment! What do I do?? Any help would be so
> incredibly appreciated.
>
> Jamie, 27 Huntington Beach

Basically it boils down to this; if you are NOT on the lease
and you've been served with a notice to vacate, you must
vacate as you are not considered a tenant. The apt is in
her 'husbands' name so she and him are legal tenants.
Unfortunately, you're not.

It matter not that the marriage is illegal or that the
landlord know about it. If you're not on the lease, you are
not a legal tenant and therefore must abide by the eviction
notice or take her to court (unlikely you'll prevail).

IMHO: Find a place of your own so you don't have to deal
with this garbage in the future.