Legal Question in Landlord & Tenant Law in California

We were served a three day par or quit AND a 60 day notice. We could not pay rent and move out so we used our resources ( borrowed money) to find a new home and move out...which we did within 60 days. The place has no damage, we left it clean and in better condition than when we moved in and are ready to hand back the keys. We have to appear in court on Monday which is when we will hand over the keys. We have taken pictures showing the condition of the home upon our move out.

Moving has cost us $10,000+ plus extreme physical and mental hardship. We have no income and have had to borrow money to just survive. We also have two children. The landlord misrepresented himself, lying and recently showing aggression toward us. Twice breaking down the back gate to gain access to the property when we weren't home....not calling or giving us any prior warning that he would be coming over. Bottom line is we do not want to have an eviction on our records nore do we want to owe him the two months rent given the distress and extreme financial hardship this has caused our family.


Asked on 6/07/13, 11:45 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

If you haven't given the landlord the keys, then you are still holding possession, hence the action for "unlawful possession". On Monday the judge will most likely find against you and order you to give up the possession by turning over the keys to the landlord. If that happens there will be eviction in your record.

What you should do at this point to avoid having eviction recorded against you, is to turn over the keys now - before the trial! Go see the landlord, tell you want to give him the keys, ask for a walk through inspection, take a video or lots of photos of the inspection. You can also bring a witness with you. If you do as I suggested, then you have turned the "possession" of the unit back to the landlord. Hence the case for "unlawful possession" must be dismissed. At that point if he wants to get unpaid rent from you he must sue you for Beach of contact in a different action. After you turn over the property to the landlord make sure you show up in court and tell the judge that you are no longer in possession of the property.

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Answered on 6/08/13, 12:04 pm


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