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?
1 Answer from Attorneys
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.
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