Legal Question in Landlord & Tenant Law in California
Hi my friend lives with her parents and they are renting a house. The landlord for the house says that they missed payment for last month and is kicking them out. he gave them 4 days to be out of the house for the missed payment from july 22 till today when they are told to be out of the house by him. They had paid him by money order and can not find the mney order stub. what can they do? i feel so bad for them as they have 2 kids under 5 in the household also and are being illegally evicted in my opinion. please help....
1 Answer from Attorneys
If the family has a legal right to possess the property, missing the July rental payment does not allow the landlord to evict them in under a month. They should have received a 3 Day Notice to pay rent or quit. If they could not do either within 3 days the landlord can file an unlawful detainer action against them in court. The UD action takes approx 15 days to judgment if the action is answered and a hearing is scheduled.
Someone in that house needs to talk to an attorney. Please have one of them call me to determine if there is an easy fix for this issue. Consultations are free, they won't incur any bills by calling an attorney.
Dawn R. VanHorn
Attorney & Counselor at Law
(714) 396-4152
www.vanhornlegal.com
The foregoing has been written by Dawn R. VanHorn, Attorney & Counselor at Law. If the designated recipient(s) of this communication have not fully executed a retainer agreement engaging Dawn R. VanHorn and/or VanHorn Legal relating to the subject(s) of this electronic message nothing herein constitutes nor is intended to be legal advice and as a result should not be relied upon as such.
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