Legal Question in Landlord & Tenant Law in California
Tenant rights
I have a month to month tenancy. I have been in the property for a year. I recently became unemployed and could not pay last months rent and have not paid this months rent that was due on the first of May. My landlord just gave me a 60 day notice of termination. (as stipulated on rental agreement. He has posted a ''for rent'' sign out front of the property and has stated he is entering the property today at 4:00 p.m. (24 hr notice) I have been disturbed by people coming to the door on multiple occasions. Is this legal? What can I do?
2 Answers from Attorneys
Re: Tenant rights
You are lucky the landlord has not given you a 3-day notice to pay or move, which he could do for non payment.
You should be very cooperative with the landlord.
Re: Tenant rights
If you want to know your rights, you should have somebody familiar with the law review your contract. As mentioned, the landlord appears to have been generous with a 60 day notice (unless that was specifically on your rental agreement).
The landlord has a duty to mitigate his damages if you fail to pay rent. However, he must intiate legal procedures to have to evicted. If he wishes to avoid that and you wish to avoid having to go to court, you should cooperate with him to minimize the amount you are going to owe due to your breach of the lease agreement.
The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com
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