Legal Question in Real Estate Law in California
3 day Eviction Notice
My brothers were evicted from the unit next to me. My landlord gave me a three day notice, because she assumed that they were living with me. This is not true. She called to harrase me at work and stated that she had been watching my apartment for all peoples that were coming and going into my place. Can she legally do this to me?
1 Answer from Attorneys
Re: 3 day Eviction Notice
The information above is provided as an accomodation only, and should not be construed as either the provision of specific legal advice on which you may totally rely, or as the creation of an attorney- client relationship.
The three day notice must state specifically what part of the lease or rental agreement. Unless it clearly states what the violation is it is not valid notice. The notice must give you three days in which to cure the default, unless the default cannot be cured. It appears that the landlord is stating that you are violating the agreement by having too many people living in the house. If this is not the case then you are not in default. Go to the local law library and look at a copy of the Eviction Defense Manual by Moskovitz. It is very good and generally easy to understand.
The landlord's conduct is probably not a criminal act.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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