QUESTION

My landlord changed my rental agreement without giving me proper notice, what are my legal options?

Asked on Nov 07th, 2015 on Landlord and Tenant Law - California
More details to this question:
I currently rent a room in a multi unit house in San Francisco for $700 per month. I have resided at this residence for about 3 years. My landlord rents rooms via Airbnb. From August 2012 to January 2015, I paid rent on a biweekly basis. However, this past January my landlord informed me that I would be switching to a month to month pay period. She did not give me appropriate notice. Nothing in WRITING with only about one week given before putting this change into effect. She also came to my dwelling w/o prior notice to tell me of this. In early Feb, I sent a full month payment via Airbnb. However, she rejected it because it came after the 1st of that month (although I had previously informed her that my paycheck would arrive after the first of the month). My landlord then promised me a new rental contract via email. Instead, she ignored me for 3 months. During this time I sent her monthly emails in order to communicate that I was willing/able to pay rent, but she did not respond. In mid June, her lawyer informed me that they would work out a payment schedule for my back rent. I also received a document in the mail stating that starting on August 16 I would be responsible for paying rent on a monthly basis. During this time, I sent checks to her lawyer's office. I'm able to pay rent on time. My current friction with my landlord regards using Airbnb to pay rent. My landlord's lawyer is saying that I have to use Airbnb. However, I prefer to keep sending payments to the lawyer in light of my landlord's illegal actions. On October 29, I sent a payment (money order) to my landlord's lawyers office via Fedex to cover Nov rent. Her lawyer mailed it back. She's telling me that I have to pay via Airbnb and that I'll be in default if I don't. But the rental document she sent doesn't state that I have to use Airbnb. I don't plan on withholding rent for obvious reasons. However, until I can find a new place, any advice?
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1 ANSWER

Your landlord does not have to give notice to come to your unit; the notice requirement is if they wish to enter the rental unit. She does have to give you 30 days notice of any change in your monthly contractual agreement. If you originally where paying through airbnb you still have to do so, but i think in S.F. there are laws controlling the use of airbnb, but if the landlord is in violation it may not help you and result in a thirty day notice if that is allowed under its strict rent control laws.
Answered on Nov 16th, 2015 at 2:36 PM

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