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Landlord Trying to Evict Me

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  • 10-21-2009, 03:01 AM
    Siyrah
    Landlord Trying to Evict Me
    My question involves an eviction in the state of: California

    Hi, my landlord is trying to evict me and I'm really wondering if I would loose and this would end up on my credit. Basically he served me a 3 day notice by throwing it under my door without even talking to me at all. I wasn't home at the time and my girlfriend placed it in a cabinet which I didnt see until sunday when he threw another letter under my door on sunday telling me to move out today and that my 3 days ended on saturday. Out of the $400 I pay a month, I paid $360 at the beginning of the month... but his 3 day notice states an amount of $145.00 for utility bills (electric, internet, TV). I tried to pay him today (2 days after sunday) but he said he wouldn't stop the eviction process unless I left (his letter only states before the 31st, not a specific date) and that he would hold my $200 security deposit for rent and lawyer fees. The second option if I wanted to stay until the 31st then I must pay the $145 plus the $550 lawyer fees. But from what I've read on dca.ca.gov, he didn't serve me properly and he cant include an amount outside of the actual rent. Internet and TV are not even on the contract to pay and all the bills are in his name as he lives here as well. So even if I do move out this week, he still didn't state in his letter when I need to leave except "before the 31st". What should I do?
  • 10-22-2009, 08:01 PM
    Mr. Knowitall
    Re: Landlord Trying to Evict Me
    Read this.

    Has an eviction action in fact been filed? If so, check the court file to see how the landlord described having served you. You may have a valid defense to eviction based upon improper notice; but it would be helpful to know if he has represented to the court that he served you properly.
  • 10-24-2009, 06:58 PM
    HollywoodLandlord
    Re: Landlord Trying to Evict Me
    You need to pay him everything you owe him with regards to rent and anything else as stated in your rental agreement: late fees, interest, utilities, etc... and wait until your court hearing. He cannot kick you out on his own without a Writ of Possession granted to him by the court after you have had a chance to prove your side of the story.

    It sounds like he may not let you know of the court date, so I would definitely take a trip down to the courthouse and find out what (if any) paperwork has been filed.

    It should also state on your lease where and how you can make your payments. he can't not accept payments. If there is an address to mail the payments to, I would do that and send it certified with delivery confirmation. Cover yourself in case you do end up in court. But you do not move out because he is telling you to.
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