Legal Question in Real Estate Law in California

I want to know my rights

I would like to know my rights on being evicted.and how it works.


Asked on 3/08/03, 11:22 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: I want to know my rights

your question is too general to answer without more facts being added to the equation. if you would like to email me the specific facts of your eviction, including what led up to it and how far along the unlawful detainer process is to date, i may be able to further assist you on your legal rights.

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Answered on 3/09/03, 4:36 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: I want to know my rights

This is way too broad a question to answer meaningfully on a bulletin board without info as to your specific problem. You should re-submit the question with some details. The basic law book on eviction defense runs 800 pages in two volumes.

Having said that, here are a few principles:

1. It makes a lot of difference if you're under general state law or in a community with a local rent and/or eviction control ordinance.

2. Are you month-to-month or in a lease? Makes a difference in whether cause must be shown.

3. If you breach your lease, you are usually entitled to a short-notice opportunity to correct the problem. If you fail to do so, you are subject to an unlawful detainer suit.

4. Self-help eviction by changing the locks or cutting off the utilities is illegal.

5. Eviction law is at the same time rather cut-and-dried (because it happens all the time) and complex (because there are several different fact patterns and procedural paths).

6. Drug activity and crime can get a tenant booted real fast.

If you post some specifics I bet several LawGuru attorneys will jump in with advice.

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Answered on 3/08/03, 11:56 pm


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