Legal Question in Landlord & Tenant Law in California

legal help

landlord skipped town with deposit, house in foreclosure. had a person at the door tonight trying to serve an unlawful detainer. What are our rights and what do we do to avoid being evicted and have time to find a place to move?


Asked on 4/23/09, 12:47 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: legal help

I'm really sorry to say that your rights are minimal. First, were you given a 60 day notice to quit by the lender? If not, you may be able to defend the Unlawful Detainer on the basis of lack of notice. If you were served with it, then you really have no defense to the unlawful detainer and should work something out with the lender to get moved out without the lawsuit being prosecuted. A judgment against you will not help you find a new place to live. Good luck.

*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. The information provided 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.

Read more
Answered on 4/23/09, 1:04 pm
George Shers Law Offices of Georges H. Shers

Re: legal help

If the house has not been foreclosed on then you can not be evicted by the lender; only the actual owner of the proprety can serve you with an eviction notice. That they have attempted to do so means that the property has likely been foreclosed on. Contact the lender and see what can be worked out, but you are in a very difficult situation. Lenders will, when pressed, often give some money to get you to leave without their having to spend the money on eviction. See if the know where the landlord is so you can consider suing him for the deposit if he has any money.

Read more
Answered on 4/23/09, 2:48 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California