Legal Question in Landlord & Tenant Law in California

MY LANDLORD TERMINATED MY MONTH TO MONTH, RAISING MY RENT WITHOUT NOTICE; she says she put the notice on my door,but I never saw it


Asked on 2/02/12, 8:29 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You are going to have a hard time fighting this one. First, as a month-to-month tenant, she can change the terms of your tenancy at any time she wants by only giving you 30 days notice. If she says she properly served it, a judge will have to decide who is telling the truth and who is not - guess what - judges don't often believe tenants claims that they didn't receive notice or weren't served, unless you can provide evidence which corroborates your claim. The service laws for notices of change of terms of tenancy in California do not require that you actually received the notice, just that she properly served it.

*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. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm 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. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 2/02/12, 3:14 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California