CA tenant/landlord & rental law question

[Tektonik]

The situation I have is that I'm under a verbal month to month rental agreement where I pay my rent during the first seven days of the month for my bedroom. There are 4 bedrooms in the house, I occupy one, my brother occupies another, another student occupies one, and the landlord's son occupies the last. Every month each of us pay 600 for rent and 50 for utilities by check to the landlord's son. He's responsible for giving the check to his mom for rent and then using the utility checks to pay our SD G&E bill.

Today there was a notice of late payment on our front door and notifying that our power will be shutoff if the bill is not paid by March 17th. Well my brother and I paid him almost two weeks ago for the electricity bill. The landlord's son is training to be an EMT & is a partier, so he's RARELY here (good thing since he's a total dick).

My question, if our power is off tomorrow or longer, my brother and I intend to move out or at least make sure we move out by April 1st, but if we move by April 1st that doesn't give us the thirty days notice a tenant is normally supposed to give for a month to month agreement.

If the power is shutoff tomorrow would I be lawfully be able to move out and get my deposit back and a prorated amount of my rent check for this month in accordance to when I move out?

Thanks for any answers.

[Luminous Animal]

1. Do you have a tenant's union where you live?

If so, call them pronto.

[xxqqqzme]

2. if the power is terminated, any agreement you have

is terminated because the terms of your verbal agreement have been violated. Thirty days notice is moot. You need to get all the documentation you can because it sounds like you will probably have to go to small claims court to get your deposit back (a mother giving her slacker son the responsibility for the rent & utilities is your first clue). You & your brother, as tenants, are entitled, by law, to 'quiet enjoyment'(legal term) of your rented premises. Termination of utilities is not 'quiet enjoyment'.

Good luck.

This is what I remember from my years as a real property paralegal - not a legal opinion.

[dilbert_grape]

3. Fair Housing

First of all, you should never, ever rely on someone's word - especially in this day and age. ALWAYS ALWAYS obtain a rental agreement. Fair Housing may be able to give free or low cost legal advice. You are not lawfully protected from anything - it's your word against the landlord's unfortunately. The best bet is if you can get bank statements or copies of the checks/money orders that you made towards the rent then take it to small claims court.