Legal Question in Landlord & Tenant Law in California

60 day eviction notice

I have been renting a house now for 4-1/2 years; myagreement with my landlords was to do repairs on house as needed and deduct off rent; My landlords are getting up there in age and decided to hire a prop. management comp. to manage their 3 houses.Prop. management did a walkthrough with me at which time all needed repairs were noted and they told me not to do any more work on house because i was not authorized by them to do work. prop. management then tried to charge me a 1000.00 deposite and sign a contract with them not noting any repairs needed; I refused and continued paying rent on the 15th of each month as agreed by original agreement with landlords.Every month i would get a 3 day to quit or pay in three days since the prop. management comp.wants me to pay on the 1st. I have not signed a contract with prop. management because they have not attempted do any repairs on the house. In november my refriderator quit working at which time i nitified landlords who told me they notified prop. management. After 2 months i finally bought a fridge and deducted it off my rent at which time prop. management told me i was not authorized to buy a fridge and had a new one delivered to my home they then gave me a 60 day eviction. (my options


Asked on 4/01/08, 3:24 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: 60 day eviction notice

The key question is whether you notified the landlords and property management company in writing. It appears you definitely did not do so with the management company.

You are in a very technical area here, and had you handled the matter correctly, you could have claimed retaliation for the eviction.

Also, did the original lease authorize your payment on the 15th?

If you can prove some of these allegations, you might be able to win and defend an eviction, but you have painted yourself into a corner by not consulting with a landlord tenant attorney, and being aware of some of the nuances of law in this area.

Please feel free to e-mail my office, if you need more.

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Answered on 4/02/08, 11:52 pm


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