Legal Question in Landlord & Tenant Law in California

my sister did not have the rent money, the ladnlord gave her 2 weeks to come up with the money, she called him within one week to come get the rent. The landlord asks her to sign a contract, (when we moved in it was a verbal agreement also 5 people moved in) the "new" contract said it would be only 3 people since my son and i moved out. so she did not sign it and he refused to take the money unless she signed the contract. They went to court and she got evicted for non payment of rent. can we appeal? and what and how do we do it? we want all the money that she had to pay to rent a new place plus our security deposit since we left the unit in better condition than when we moved in.


Asked on 3/05/10, 4:16 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I guess I am a little unclear as to why you believe the judgment is subject to appeal, or better yet, why you think the landlord should pay to move you? Your sister did not pay the rent on time - let's start by being realistic that if you do not pay your rent on time, you are subject to being evicted. I have to assume that the landlord gave her proper notice (since the lease was oral, it would be a Three Day Notice to Pay or Quit), but that he agreed to hold off filing the eviction lawsuit for two weeks to give her time to cure the default. Once the three days had expired, she had no right to pay the rent and stay regardless of whether he insisted that she sign a new lease or not - her right to remain in the property by paying the rent due (and nothing but that) expired when the three day notice expired. You can contact the Court to get information on filing an appeal, but the time-frame for doing so is extremely short, and you may be required to post a bond. Also, unlawful detainer appeals do not necessarily stop the lockout. Finally, leaving the apartment in better shape than when you moved in is not something the landlord has to reimburse you for, unless you did so at his request, and with his agreement to repay you for the improvements.

*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.

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Answered on 3/12/10, 3:53 pm


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