Legal Question in Landlord & Tenant Law in California

I was served a 3 day notice on Nov 11, on Nov 12 I made a partial payment that was accepted, on Nov 14 landlord emailed me giving me until Nov 21, on Nov 29 he showed up blocking me in my driveway for 45 min the Sheriff came and he was demanding I give up the property he was told he must go thru eviction process he then told me in front of the Sheriff he would be back on Dec 2 again to take possession. Last night he emailed me telling me he is still coming on Dec 2 to take possession. I'm not trying to be a jerk I'm just trying to find someplace for me and my 11yr old son to move to I've been a good tennants for over a year and this is the first time this has happened because of a job layoff. He never gave me a new 3 day notice with the new amount after I made a payment, is that not what the law says he must do? What do I do if he shows up again?


Asked on 11/30/13, 7:49 am

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

I will first point out that just because you made a partial payment does not prevent an Unlawful cost Detainer Action..

The blocking you in (although not substantial damages) is unlawful detention and you have grounds for a suit or a counterclaim but can be used for proof against him I especially if in front of a law enforcement officer. He does not really have to serve you a three day notice again. What he does need to do is file an Unlawful Detainer Action. Just keep in mind that if it is filed he can get an order and can seek more damages and you may have a judgment that will cost you a lot more than what you owe now.

He cannot use self help but if he shows up when you are not there and happens to change the locks what will you do, you will end up suing him just to get your stuff back...that won't be pretty, if he resorts to self help, he will not be above dumping your goods and even if you succeed in the suit, you not have your household goods.

My suggestion is to move out now and cut your losses before it gets worse. If he served you on the 11th, you have had nearly three weeks to move out... Although you are trying to find a place to live, it does not seem like you have made a really good effort.

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Answered on 12/01/13, 7:00 am


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