Legal Question in Real Estate Law in California

Re: Trying To Evict Not By Rent But By Utilities

It is not so simple. The case law on this issue is vague at best. I have had inconsistent results on this type of issue. My recommendation to you is to answer the complaint and move and turn over the keys before the trial date if you can. you can still go to trial and argue the propriety of the notice, but the court cannot, legally, enter an unlawful detainer judgment against you if you have vacated the prenises before trial. Even if the landlold gets a judgment against you, it can be for money only, and should not go on your record as an eviction. Note that you better use me or another attorney to make this argument and to show the court the law on this because most judges do not know this law.

Re: Trying To Evict Not By Rent But By Utilities

You can be evicted for a material breach of the lease which is not cured. If the lease requires you to pay the utilities, it is a breach of the lease to fail to do so. If the amount is small and/or you paid it late but before serious problems arose, you might have a defense of triviality or that you had cured in time. The evaluation of possible defenses to an unlawful detainer action is fairly complex and you may need the assistance of a lawyer or at least a quick study of a book on tenants' rights. Note that it may be important how the three-day notice was worded.