Legal Question in Real Estate Law in California
Wrongfully Snowballed into Giving up My Apartment
I have lived in this apartment for 28 years. I received a notice to stay or quit one afternoon. I was shocked. It seems my check had bounced and the landlord was here to finally collect on his long awaited desire to have me evicted. With my knowledge of his desires from the numerous comments and even written letters stating how much he could get for the apartment without me in it, I began to search for help. Being on a tight budget and barely able to afford it anymore I looked at a friend of an old roommate that said he could help. For the most part he did a farely good job enabling me to last at least an additional month. He stated on the question form submitted to the lanlords attorney the wrong reason for fighting the eviction. Nevertheless, I lost my case. Being 80 years old and somewhat naive I trusted his help. The truth is I was being evicted for a bounced fee for a misdirected government direct deposit that had taken over 2-weeks to correct, then consequently refused when I offered the reny. Don't I have 30 days to correct this? and Can I appeal the eviction?
3 Answers from Attorneys
Re: Wrongfully Snowballed into Giving up My Apartment
Contact the local bar association in the area where you live, and ask for a legal referral. Also, check the phone book for legal aid ... there are a number of attornies who will help without a fee, but you need to hurry.
Re: Wrongfully Snowballed into Giving up My Apartment
The answer is -- it depends. If you are on a lease for a fixed term, the landlord has to give a proper 3-day notice to pay rent or quit. Did he do that? If you are on a month-to-month, then all the landlord need do to terminate the tenancy is give 30 days notice in writing. Did he do that?Sounds like you have already been to court and lost. If so, your remedies are very limited, and the advice given you to consult a local attorney very fast is excellent.
Re: Wrongfully Snowballed into Giving up My Apartment
In an unlawful detainer eviction where the basis is non-payment of rent, unless you could show that you had paid the rent, the court has no alternative but to enter judgment against you; it makes no difference whether your government check had been misdirected or not, as the basis for the eviction has nothing to do with whether or not you INTENDED to pay or not, but rather whether you DID or not. It does not sound like you have any basis for an appeal either; more importantly, unless you are on a lease for a specific period of time which has not yet expired (like a five year lease, etc.) all the landlord has to do to get you out is to give you a thirty (30) day notice anyhow. Your money and energy are better spent finding a new place. Good luck to you.
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