Legal Question in Landlord & Tenant Law in California

Eviction Notice

I have lived in the RV Park Where I haved Lived 20 Yrs .

I have had a water leak for a couple of months that I haven't been able to discover where it was comming from nor have I been able to offord hire someone to fix it so I have keeping the main water line turned off every day..all day..only turning it on to take a quick shower (every other day to make up for any water that might get wasted while it is on)..and to flush toilet once a day. I don't use the kitchen so no dishes.

The owner wrote me a letter on May 4, 2009 saying I had to fix it in 7 days (May 11,2009) or I'd be served an eviction notice.

My friend said he could look at it fix it when he got back from vacation end of May.

I wrote the owner of RV Park stating this and asking for more time for my friend to be avalible to fix it on May 11, 2009.

The next day May 12,2009 there was a notice on my door. Enclosed was a copy of the original notice to fix leak in 7 days.

Attached was a Typed written 60 day notice to vacate the space by July12 ,2009 for failure to make repairs by the specified 7days.

Failure to vacate by then would forse him to start legal action to move me out.

Leak is fixed May.29,2009. Is the 60 day notice still valid?


Asked on 5/29/09, 4:51 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Eviction Notice

The sixty day notice is still valid. When you receive the seven day notice, you must fix the problem within that timeframe, or you will receive a sixty day notice to vacate. Once you have been properly served with the sixty day notice to vacate, you no longer have a right to fix the problem and remain. As such, you have the balance of that sixty days to leave, or the owner will start eviction proceedings. You can attempt to defend the eviction on the basis that you did fix the problem, just not in the landlord's timeframe, and hope for a sympathetic judge. If the judge sticks to the Special Occupancy Park laws, you will be evicted. Have you tried talking to the park owner or the manager to see if they will let you stay? Good luck - I know it seems unfair, but the seven day notice meant exactly that - you had seven days to cure the problem, and some landlords are very strict about that.

*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.

Read more
Answered on 5/29/09, 7:00 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California