Legal Question in Landlord & Tenant Law in California

possible Unlawful Retainer being filed

Rented a house in 11/06. We told the landlord that we had a lot of stuff and that is why we wanted an acre. He said no problem. Since we moved in someone turn us into the county code enforcement. Excessive storage. We have been cleaning it up. But nothing we do is good enough for the landlord. We decided to start looking for another place. 3/30 We found a place we were told it would be ready in 30 days. The landlord posted a 30 day notice on the fence April 1. When I went to pay the rent, I told him we should be out by the 1st. He then told me that we didn't have to move, just clean it up. If it wasn't done then we would have to move. There has since been delays, on the other house. Since we are planning on moving, on 4/24 I went & spoke to the landlord hoping we could work together. I told him that we were moving as soon as we got word that the other house would be available. He then told me that if it was not cleaned up he would file an unlawful detainer. I said lets work together. He said he could not take my word that we were going to move. I offered to put it in writing, he said no. We need time for the other place to be ready approx. 30-45 days. As of 5/3 we have no notice, looking for help, advice if we do. Thank you


Asked on 5/03/07, 4:10 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: possible Unlawful Retainer being filed

If you told the landlord that you had a lot of stuff, even if he agreed, your property can't be a nuisance. Also, you don't give me the time limit on your lease (month-to-month, six months, one year, etc. You should have asked the landlord for additional time, and you should have asked for it is writing. It is not the landlord's problem that the other house isn't ready. The only good news that I can give you, is to try again to work it out with him. He probably would like to avoid an unlawful detainer (the lawyer's term for an eviction), because it will cost him at least $300 if he does it himself, and more if he goes to an eviction service, or hires a lawyer. However, he has already started the process by the 30 day notice on your fence. I would try to negotiate for extra time, and not wait...you must get it in writing...because after the proper papers are filed in court, the sheriff will show up and give you 5 days to move, and then the locks will be changed and you will be locked out. If that happens, and you have not removed your possessions, you will also have to pay storage fees to get your "stuff" back. Good luck.

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Answered on 5/03/07, 5:18 pm


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