Legal Question in Civil Litigation in California
Eviction
My landlord wants me to move. I want to move too but, I am waiting to find out if I got approved for an apartment. Although I have not paid Jan. or Feb. rent, he has yet to file a UD and just keeps threating to come over and lock me out. I have access to a deposit account he collects rent through. Should I put $20 in that account without his knowledge in order to have a defense of him accepting money from me in case he does file the UD?
1 Answer from Attorneys
Re: Eviction
Landlord would first have to serve you with a 3-day notice to pay or quit that complies with California law. If you don't pay the amount owed during that time, only then can he bring an unlawful detainer against you. You then would have five days to answer, then the trial would be set for within a couple of weeks after that.
I would not play games, because if you were to go to court, you would look devious and that would negatively reflect upon your credibility.
The landlord cannot just lock you out without observing the legal formalities.
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