Legal Question in Landlord & Tenant Law in California

eviction

Hello, I live in an RV park in the San Gabrial mnts. Recently I was given a threatening handwritten letter to move in 7 days, if I don't move my RV and property, then they will. There is no reason stated on the note. My rent has always been payed on time, as a matter of fact I have payed months in advance on several occasions. Something seems wrong here, I have, to my knowledge, done nothing wrong, and feel I should be able to stay, and not be in fear of any harassment. What should my next step be. thanks for your attn. to this matter, --name removed--


Asked on 8/25/08, 3:48 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: eviction

Follow Mr. Gibbs' advice.

Good luck!

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Answered on 8/25/08, 10:59 pm
David Gibbs The Gibbs Law Firm, APC

Re: eviction

The Civil Code (section 799 et seq) governs RV Parks. Generally, you are required to have some sort of rental agreement for the space, or at least a registration card with the terms of your occupancy on it. Unless you have a long-term written lease, you are generally deemed to be renting the space on the same terms as when you first moved in. Many RV park registration cards or rental agreements provide that you are renting on a weekly basis. That would be the equivalent of a "week to week" rental (you've heard of month-to-month rentals in residential real estate). As such, the landlord only has to give you notice that is as long as the "term" of your lease, or in the case of a week-to-week rental, you are only required to be given a week's notice to vacate the space. No reason needs to be given. Now, if you pay your rent a month-at-a-time, or are billed by the park as such, you might be able to argue that you are a month-to-month tenant, and as such, 30 days notice must be given, but sadly you will have to be sued by the park first, and go plead your case in court. Also, the threatening part you mentioned, if its personally threatening, might be the basis for a claim of retaliatory eviction, but you'll need to review that with a local attorney.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 8/25/08, 4:24 pm


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