Legal Question in Real Estate Law in California

My legal rights as a tenant

I have just been evicted from the home that I am living in by the manager of the home, as he wrote me and two other roommates a letter saying that our noise level was to loud. In the letter,he said that we were not following his house regulations of shutting the microwave door properly, turning on the shower faucet, etc. between the hours of 10pm to 9am. He said, "I would spank you like a little kid, but you are too old for that aren't you?" I called the landlord to inform him of the letter and then the manager convicted me for this. What are my legal rights?


Asked on 2/21/00, 6:21 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: My legal rights as a tenant

Assuming that there is nothing more than you mentioned, you can resist the eviction and request a hearing before the judge. The landlord will have to file eviction papers and sue you. You will have to file an answer and appear at court. I suspect that the landlord or manager wants to get rid of you because you and your roommates are just too noisy. The excuses for the microwave door and shower are not substantive enough for eviction. However, the noise may be. Try talking to them and being quieter....it is a lot easier than going to court. If the landlord wins at court, you may have to pay his court costs.

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Answered on 2/24/00, 4:14 pm


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