Can my landlord give me a 3-day notice for garbage removal?

[edin]

Hi,

I am a college student with three roommates in Oakland, CA. We live in a 3 unit, 2 story duplex with a small parking area out back. The property is managed by a rental company called Marquardt Property Management. They do a terrible job and never send anyone over to fix problems (of which there are many on this site). With the exception of when our living room ceiling collapsed (by itself) from the weight of a crown molded light fixture... they did send their handyman "Thor" over to nail a board over where the hole in the ceiling was, and then he was gone.

A couple months back our downstairs neighbors moved out, and as they did they dumped a large deal of garbage around the side of the house. Soon after Marquardt sent Thor to clean out the rest of the place. Thor himself was taking trash bags out of the unit and began adding to the pile on the side of the house.

At said point, my roommate Matt took the opportunity to take a couple of the bags of trash from the kitchen (no more than 4) and throw them on top of the pile.

A week or two later Marquardt contacted us via letter to have us pay for trash removal service for the entirety of the garbage. After having a roomate meeting, we decided to contest stating that we would be willing to pay for a fair portion of the trash. Marquardt agreed and asked for a letter in writing. We supplied said letter.

Today, 2 months later, I've received a 3-day notice from Marquardt Property Management to "Pay Rent or Quit" for a balance of $370 with an accompanied notice stating


'Dear Jared, Matthew, Miguel and Hamilton,

Per previous letters the $370.00 which was due for garbage removal has been paid with your rental payment. Which means that you owe $370.00 for rent. I have enclosed a 3 day notice. Please make the payment within 3 days to avoid further action being taken.

If you have any questions please feel free to call me at 510-530-2050.

Thank you,
signed
Karen Marquardt"

is this legal? can they take our rent money and spend it on something in dispute?

I called Marquardt's offices and talked to Karen directly, she stated that she had evidence and witness statements saying that the garbage was ours.

What are my options?

[matyas]

They must have a witness or someone must have found trash with your name in it.

This is what courts are for. You could take them to court or they could take you to court- and while there each side would present their evidence and the judge would decide.

But I do imagine your lease and the local law says that the landlord can force you to pay for removal of your trash- the argument would be how can they prove it is all your trash.

DId you get any photos of Thor hauling trash out? Or any other evidence?

[vemados]

100% legal.

[torin7]

The fact is that your roommate took a risk when he took the opportunity to add trash to the pile. If the bags he added contained anything that linked back to your unit, then you can be held responsible. It sounds as if the landlord can prove that at least some fo the garbage was from your unit.

The answer as to whether they can deduct the cost for trash removal from your rent would depend on the exact wording in your lease regarding past how past due or other amounts owed are handled.

If the lease allows the landlord to apply payments to past due or other amounts owed, then they can.

If they can, then your rent was not paid in full and a 3 day notice to pay or quit is appropriate.

You can dispute the amount owed for your violation, however, it is in your best interest to pay the rent owed until the dispute is settled. If you do not, you will be in front of a judge in an eviction suit.

Judges listen to all sides evidence, however, they take into account when a party comes to court with unclean hands. The fact is your roommate improperly disposed of the trash ... had he not committed the violation you would not be in the situation that you are in ...