Legal Question in Real Estate Law in California
The person we are renting from says he is going to kick us out in 3 days. for the past 3 months we have been 2 weeks late with our rent. we have never been a month late. Please advise on what rights we have.
2 Answers from Attorneys
California law is very strict on landlords as to their relationship with tenants. If you currently are late with your rent payment, the landlord must serve all adult occupants with a formal, written three day notice informing them that if rent is not paid after three full days [so if served on the 7th of the month, you have until the end of business of the 10th to pay], and stating the correct amount of rent owed, an unlawful detainer lawsuit will be filed. The summons and complaint for the UD then have to be personally served on all known adults living their, and by someone not a party to the lawsuit, the landlord must obtain a court judgment, and then the sheriff is given the order for eviction, which often does not occur until 2 weeks later. So as a practical matter, it will take at least 6 weeks before the sheriff comes by to actually evict you. If during the time before judgment the landlord accepts any rent payment from you, it makes the figure of rent owed in the three day notice invalid and the whole process must start over.
not proof read
As Mr. Shers indicates, California tenants have definite rights and no eviction can be carried out lawfully without proper notice and strict adherence to an "unlawful detainer" procedure. Changing locks and turning off the utilities is not permissible conduct by a landlord. I suggest getting a paperback self-help law book on tenant's rights are reading up on the basics. Nolo Press is a good publisher, and there are others, but be sure the book you use is based on California law.