Legal Question in Landlord & Tenant Law in California

i gave the tenant that is renting my house a 30 day notice due to the tenant deciding to change the amount of rent she was paying to a lesser amount along with having subleasing the property. due to the fact of her not paying the full amount of rent in past months i've had to come up the remainder amount to pay my mortgage. i had to stop paying my mortgage due to financial hardship that this person has put me in. in order for me to do a loan modification so i can save my house from going into foreclosure, i need to be living in my house. i explained to her in may 2010 that i will be move back into my house and that she wasn't authorized to be subleasing. i gave her a 30 day notice on june 12, 2010 stating that she needed to vacate the property due to previously unpaid rent and subleasing. she is on a month-to-month lease, has lived at the property now for almost a year and i haven't accepted any money from her for the month of june nor july even though she keeps insiting that i do so, and keeps asking me why i won't accept her money when she's trying to pay me. i filed an unlawful detainer through the court and had her served by the sheriff's department. she filed an answer back to my complaint. my question is, is there anyway she can win this unlawful detainer case? i do not have a lawyer and it looks like she has a para legal helping her? depending on her odds of winning this case will decide if i should get a lawyer. what do you think the odds are of her winning this and what rights could she possibly have that can get her to win this case?


Asked on 7/19/10, 11:11 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

I could imagine her saying that she tendered the full rent and you refused it. I hope you kept copies of the rental agreement and her checks that you returned. Then, again, the unlawful detainer apparently is not for back rent, but just to evict her because you want to move back in. The issue might be whether the 30-day notice is sufficient. If the tenancy was under one year when you served the notice, it probably should be okay. You might want to check with a UD attorney in your area. That might be a prudent small investment.

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Answered on 7/19/10, 3:14 pm

It is impossible to predict an outcome in a forum like this. The facts and circumstances of even the simplest case are too complex to write all of them out in a BBS question. So invariably any answer you get is pretty worthless if any of the omitted facts would change things. If you want an answer you can rely on, you need to sit down with a lawyer, spend the money on a few hours of his or her time and get some advice based on the total facts.

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Answered on 7/19/10, 9:23 pm


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