Legal Question in Landlord & Tenant Law in California

My husband and I moved into a rental home in CA. The neighbors are horrible crackheads that have broken into our house and a window while my baby niece was sleeping right under it. The police told us they know it is them, they just cant prove it. (The police were here 6 times in a 36 hour period at one point). So they told us we should move. We had given our landlord a 30 day notice, then the house we were going to move to fell though. We gave the notice on March 4th, giving us until April 4th. On March 28th, our landlords came over and we told them we wanted to stay another month, to give us more time to look for a place. We tried to pay the rent and they said they would not accepted our rent money and we needed to be out by that weekend. Well we didnt move. So on April 20th, they filed an unlawful detainer eviction. Today is May 6th and we were just served by certified mail (which my sister in laws boyfriend that doesnt live here signed for, I dont know if that matters). I know we have 5 days to file an answer, but someone said its like $275 to file an answer. So I dont know what to do, because right now, we have no money at all. I was just laid off and my husband is on unemployment which is about to run out because he was laid off. I would like any advice on what to do and about how much time we will have to move. And what is a motion to quash, cause someone told me I should file on???? Thank you.


Asked on 5/06/10, 7:49 pm

1 Answer from Attorneys

Your situation is way to complicated for a free web bulletin board response. You need to contact a tenants rights organization in your area. A motion to quash only disputes the manner of service and makes them serve you again. It buys time but nothing else, and then only if effective. Find a tenants rights organization right away.

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Answered on 5/11/10, 11:27 pm


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