Legal Question in Real Estate Law in California

Without permission

My property had been sold to new landlords, they tried to raise my rent more than 10% in 30 days. I advised them they needed to give a 60 day notice. They then gv me a 30 day notice to move. They have given my phone number out to strangers to call me to see thru my place. I've had strangers showing up at my home. My 30 days is up today. Yesterday they tried to enter my home without permission or warning, I had the top lock locked so they couldnt get in but they forgot to lock the bottom lock back. They now left a 3 day notice. My question is ...Do I have any kind of rights in this whole situation? What can I do ?


Asked on 10/09/02, 11:46 am

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Without permission

If you are served with an unlawful detainer lawsuit, please contact me for free consultation. It appears that the new landlords are violating the law.

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Answered on 10/09/02, 6:53 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Without permission

It sounds like a retaliatory eviction based upon hearing your side of the story.

You didn't say whether you had a term lease or were month-to-month. Since there was an attempted rent increase, I assume the latter.

You seem to understand tenants' rights pretty well, but the issues in defending against a retaliatory eviction can be pretty complex to handle yourself, so I recommend you at least try to present your case to a local lawyer, perhaps one working with a tenants' rights organization.

A full analysis of your possible defenses would involve going over the dates and wording of the notices rather carefully, and weighing the impact of any other 'problems' the landlord can complain of with respect to your tenancy.

The visitor intrusions may also be a factor in your favor in establishing improper conduct by the new landlord. Prepare or keep records of them.

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Answered on 10/09/02, 12:46 pm


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