Legal Question in Landlord & Tenant Law in California

Unlawful Eviction

I rented an apt Oct 2005. Dec a 3 day notice was served. Spoke with leasing agent for understanding (Fees for initiating eviction process), and remedy. As per agent, due to holidays unable to reach admin/attorney offices for amount to charge. But RENT & LATE FEES WERE PAIN IN FULL & ACCEPTED, she stopped eviction process and would let me know balance due. (approx 4 days). I was evicted and in AWE...had 48 hrs to find new home, 15 yr old girl due home in 72 hrs, gave them over 15,000 dollars so now no money or resources to move. within 2 yrs I had an eviction/ default judgement, order to dismiss (by their attorneys), was vacated, refiled in another court, then a 8,000 collection bill. Collections told me to put it on my American express or Chase (viewed my report without permission as we spoke) what is going on as it gos on and on? does any of this sound legal? Why never report eviction to credit agencies? Who gets evicted in 3 months?


Asked on 5/27/09, 3:31 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Unlawful Eviction

I really apologize, however, from your post its really unclear what exactly happened. From what you have posted, it sounds like this is something you need to sit with an attorney and review in person. This forum is for general, legal information, and what you have posted really requires more of a specific legal opinion as to your rights in the matter. Did all of this occur in 2005? If so, you may likely have a statute of limitations problem - if you fail to act quickly you may forever lose the right to pursue any action against your former landlord. That time frame may have already expired, so it is critical that you meet with someone right away.

*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 5/27/09, 12:19 pm


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