Legal Question in Real Estate Law in California

If i get an eviction can the landlord take money from my bank account. I think the lease is void. It is not stated as a month to month its set as a year lease.but what year is not stated. Landlord says that's up to him. I don't want an eviction on my record. So what can i do. My roomate will not not pay any utility bills. I need to move its costing me too much money and taking my roomate to court is too expensive and i have a child to take care of and im a disabled veteren on a fixed income


Asked on 6/27/14, 2:05 pm

1 Answer from Attorneys

Yes. If you get evicted the landlord will get a money judgment for any unpaid rent on top of the order that you be moved out of the premises. That judgment can then be enforced by, among other things, a levy on your bank account.

Your landlord is WRONG that it is "up to him." That does nothing to solve your problem.

Now I am going to say this one more time. The lease is probably not voidable. If it is not, then the law says the lease ends on the month/day/time stated in the year after the lease is signed. If you are right and the lease is voidable, then you are a month-to-month tenant as a matter of law. That's it. No other legal rules apply.

Either you have a flawed but enforceable lease. OR you are right and it is voidable. That makes NO difference to your problem. EITHER WAY YOU ARE OBLIGATED TO PAY YOUR RENT OR YOU GET EVICTED AND A JUDGMENT AGAINST YOU FOR UNPAID RENT.

So what can you do? Pay rent until you move. Period, end of story.

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Answered on 6/27/14, 2:21 pm


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